7 results for 'cat:"Family Law" AND cat:"Negligence"'.
J. Stevens reverses, in part, the trial court’s order of parental termination rights related to three children who were found living with their drug-using mother in a U-Haul van, then placed in the custody of the father, who is now incarcerated for child endangerment after the kids tested positive for methamphetamine abuse. The state’s family service plan was not filed into the trial court’s record or the appellate record and, therefore, there is insufficient evidence to support the mother's failure to comply with the plan. Furthermore, there is no evidence to support the state’s assertions the mother did not complete a drug abuse program or that she continued using drugs after completing such a program. Reversed in part.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: April 19, 2024, Case #: 06-23-97, Categories: Evidence, family Law, negligence
Per curiam, the Vermont Supreme Court finds the family court properly declared a child was in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and the best interest of the child is not appropriate. The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-366, Categories: Evidence, family Law, negligence
Per curiam, the Vermont Supreme Court finds the family court properly declared two children were in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and there is no harm because they live in poverty. The children were found, “without proper parental care or subsistence, education, medical, or other care necessary for his or her well-being.” The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-372, Categories: Evidence, family Law, negligence
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J. Atkins finds that the trial court properly dismissed a former wife's negligence claim against her husband's mother and another family for the husband's violation of a warrant to return their child to the wife's custody. In this case, the mother and the family did not owe a duty to the wife not to negligently precipitate the crime of a third party. Further, the wife did not allege that the husband's mother or the family caused the husband to violate the warrant or engaged in a pattern of conduct to deprive the wife of permanent custody of the child. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: July 31, 2023, Case #: 2022-CA-0820, Categories: family Law, negligence
J. MacDonald finds that a mother who failed to properly address conditions of neglect, such as failing to keep her and her children's home clean by throwing away trash and preventing a fly infestation, should not be her two minor children's legal guardian, but also should not have her parental rights terminated completely. Despite her limitations, the mother and her children still share a bond and it would not be in her children's best interest to be separated from her or their older siblings completely, but rather that her role should be changed from guardian to temporary child support.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: June 29, 2023, Case #: 2022-0543, Categories: family Law, negligence, Guardianship