255 results for 'cat:"Family Law" AND cat:"Guardianship"'.
[Consolidated.] J. Riedmann finds the county court properly terminated the mother's parental rights to her five children. The Department of Health and Human Services has variously been involved with the family due to the mother's drug addictions, with certain children having been removed and returned according to certain circumstances. She later was found to have relapsed and was arrested for drug possession. All evidence supports the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 28, 2024, Case #: A-23-708 , Categories: family Law, guardianship
J. Riggs finds that the court of appeals properly granted a great aunt guardianship of three minor dependent children before the department of social services finished a home study concerning their grandmother in South Carolina because the court must get approval from the receiving state before approving placement. Affirmed.
Court: North Carolina Supreme Court, Judge: Riggs, Filed On: May 23, 2024, Case #: 212A23, Categories: Civil Procedure, family Law, guardianship
J. Davis finds the trial court improperly terminated a father’s parental rights to his two minor children on grounds of abandonment, but properly terminated his rights on the grounds of failure to manifest an ability and willingness to parent. The father failed to meet the statutory requirements for abandonment by an incarcerated parent, but did meet the requirement to assume custody and financial responsibility. Therefore, the termination was in the best interest of the children, but the court remands this case for further proceedings on abandonment. Affirmed in part. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: May 22, 2024, Case #: E2022-01803-COA-R3-PT, Categories: family Law, guardianship
J. Riedmann finds the juvenile court properly terminated the mother's parental rights. The child was removed following an incident where, after arriving to school late with tears on her face, the child told her teacher her mom choked her because she had a "potty accident.” Though an evaluating psychologist testified he may not have met with the mother as originally stated, other evidence presented at the hearing supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 21, 2024, Case #: A-23-769, Categories: family Law, Due Process, guardianship
J. Welch finds the juvenile court properly terminated the father's parental rights. The removal case arose from reports of domestic violence and was initially voluntary. The family received support services, a safety plan and therapy for the children, though the case later became involuntary due to concerns of inappropriate discipline and physical abuse by the father. A child's expressing of a desire to harm himself because of his home environment supports the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 21, 2024, Case #: A-23-821, Categories: Evidence, family Law, guardianship
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J. Stafford finds the trial court properly granted custody to the mother with the father having visitation of their children in this custody modification. The maternal grandparents were originally granted custody of the children due to both of the parents’ drug abuse, but that was reversed for the grandparents to show proof of substantial harm. Therefore, the grandparents filed a joint petition for custody to be returned to the mother. The father challenged the trial court on several issued, but they all lack merit. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 20, 2024, Case #: M2023-00767-COA-R3-CV, Categories: family Law, guardianship
J. Gallagher finds that the juvenile court properly terminated a father’s parental rights to his minor child and awarded permanent custody to the county family services department due to parenting and substance abuse by both parents. He alleges that the decision was not supported by the weight of evidence, denial of continuance, errors in evidentiary rulings and ineffective assistance from counsel. The evidence indicates that the child’s best interest is to be in permanent custody, and no errors were found in the proceedings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 16, 2024, Case #: 2024-Ohio-1885, Categories: Evidence, family Law, guardianship
J. Forbes finds that the juvenile court properly terminated a mother’s parental rights to her minor child and awarded permanent custody to the county family services department. She alleges that the decision was not supported by the weight of evidence, but she fails to substantially remedy the condition. The best interest of the child is to stay in permanent custody because of the mother’s mental wellness, lack of commitment and her unwillingness to provide necessities. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: May 16, 2024, Case #: 2024-Ohio-1884, Categories: family Law, guardianship
[Consolidated] J. Moore finds the juvenile court properly denied the state's motions to terminate the father's parental rights. The state became involved when the mother’s youngest child, a half-sibling of the father’s children, tested positive for drugs at birth. The father, with a history of drug abuse, was in jail at the time of the filings. Though the children have been in foster care for a large part of their lives, because of the positive father/child relationship, his expressed desire to parent them and his success in following his case plan, the state was unable to prove by clear and convincing evidence he is an unfit parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: May 14, 2024, Case #: A-23-631, Categories: Evidence, family Law, guardianship
Per curiam, the Vermont Supreme Court finds the lower court properly terminated a father’s parental rights to his child. There was sufficient evidence to support the determination that the father had “stagnated in his progress toward reunification.” Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 24-AP-019, Categories: family Law, guardianship
J. Klappenbach finds the circuit court properly terminated the mother's parental rights to her two children. The 18- and 6-month-old children were taken into custody when the children’s putative father was arrested on drugs and weapons charges during the mother's period of incarceration on a different conviction. All evidence supports the best interest finding and the court committed no reversible error in denying the mother's motion to have witnesses testify remotely. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 8, 2024, Case #: CV-23-837, Categories: family Law, Due Process, guardianship
J. Ortiz finds a lower court erred when it reduced the child support obligations of an ex-husband following a divorce. The court based the reduction on supplementary security income benefits received by the couple’s disabled adult child, but these benefits are not an “independent financial resource” that can “justify a reduction in a parent’s child-support obligation.” Reversed.
Court: Virginia Court Of Appeals, Judge: Ortiz, Filed On: May 7, 2024, Case #: 0877-22-2, Categories: family Law, Social Security, guardianship
J. Brown finds the circuit court properly terminated the parents' parental rights to their minor children. The department exercised a hold on the children, filing a petition for dependency-neglect after the incoherent and lethargic father was taken to the hospital for suspected drug use. The mother admitted to being on drugs, though she refused testing, also refusing to allow the department to investigate the state of the home. She admitted to being five months pregnant, though she refused treatment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: May 1, 2024, Case #: CV-24-5, Categories: Evidence, family Law, guardianship
J. Moore finds the county court properly entered the custody and support order, also properly valuating and dividing property in this marriage dissolution. The divorced couple agreed to the custody and support order, and no reversible error is found in the court’s failure to include a parenting plan and support calculation in the decree. Though the court awarded all property inside the marital home to the wife, this does except certain boxed property of the husband's. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: April 30, 2024, Case #: A-23-496, Categories: family Law, Property, guardianship
Per curiam, the Nevada Supreme Court grants the petition for a writ of mandamus challenging the denial of a petition for temporary guardianship over minor children. The grandparents filed a petition for general guardianship, explaining the children had been exposed to unsafe conditions living with their mother and her new partner with a criminal background. The petition was denied without prejudice for failure to provide proof of proper service. The mother filed an objection, and the children filed to appoint the grandparents as temporary guardians pending a decision on general guardianship. The court denied the petition without a hearing, failing to give the request consideration.
Court: Nevada Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: 88027, Categories: family Law, Due Process, guardianship
J. Hixson finds the circuit court properly terminated the parents' rights to their children based on sufficient evidence. The department was granted a petition for emergency custody and dependency-neglect after the mother tested positive for multiple drugs when giving birth. It then found each parent to be in partial and minimal compliance with the original case plan for reunification. Though certain evidence shows the parents were bonded with the children, the bond is not sufficient to prevent termination. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 24, 2024, Case #: CV-23-785, Categories: Evidence, family Law, guardianship
J. Harrison finds the circuit court properly entered the divorce decree and custody and support order, finding the ex-wife to be in contempt. The court correctly denied the mother's request to relocate, finding it in the child's best interest to remain where his support system is located. There is ample evidence the mother's failure to control her emotions caused the child's anxiety during visitation exchanges. At one exchange, the mother was crying so loudly she could not hear the visitation supervisor speaking. The child's counselor also testified that certain of the mother's actions could be considered intentional sabotage and that it is damaging for the child to be purposefully kept from his father. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 24, 2024, Case #: CV-23-240, Categories: Evidence, family Law, guardianship
J. Murphy finds the circuit court properly denied the stepfather's petition to adopt his 13-year-old stepdaughter. The stepfather sought adoption after the child's biological father petitioned to establish paternity and visitation. Though the healthy, academically achieving daughter considers her stepfather her father, having no interest in visitations with her biological father, the record demonstrates the mother hindered the biological father/daughter relationship by not telling him about her for the first two years of her life. The mother also told the daughter she was conceived by rape. The biological father has regularly paid child support, also carrying insurance on the daughter. Adoption is in derogation of the natural parent's rights and the biological father has contested the adoption. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-23-311, Categories: Evidence, family Law, guardianship
J. Combs finds the district court properly terminated the mother and father's parental rights. The medical examiner testified the 15-year-old daughter reported abuse that had occurred for a number of years, which led to an examination confirming the abuse and the doctor's contacting police. Multiple witnesses with law enforcement and protective services testified to the mother and father's dismissive behavior and unwillingness to take part in a safety plan. The mother lacks standing to challenge the constitutionality of the Indian Child Welfare Act and the trial court did not violate her right to equal protection by failing to apply the Act's heightened burden of proof. Affirmed.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: April 23, 2024, Case #: 120910, Categories: family Law, Native Americans, guardianship
J. Harrison finds the circuit court properly dismissed the father's appeal of the order terminating his parental rights. The Department of Human Services exercised custody of two of the children after their infant sibling died and the crime lab discovered drugs in the body. The children have achieved permanent placement, and all evidence supports termination. The court lacked authority to reopen the case once the children achieved permanency. The dependency-neglect case is closed, and there is no jurisdiction to reopen. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-737, Categories: family Law, Jurisdiction, guardianship
J. Welch finds the district court properly modified custody, parenting time and child support. Though the mother says no evidence shows she failed to cooperatively parent during a conflict involving a child's desire to change schools, she did bring one of the children into custody issues by influencing the child's decision to change schools and by filing a motion to have the child testify at trial. The evidence is sufficient to find a material change in circumstances affecting the children’s best interests. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-088, Categories: family Law, guardianship
J. Welch finds the district court properly granted the mother's complaint for modification of child custody and her request to remove the child from Nebraska to Wyoming. Testimony at trial, including from a mental health substance abuse counselor and the child's preschool teacher and daycare director, shows a material change in circumstances related to the father's escalated drinking following the entry of the divorce decree. The short distance of the move and the court’s award of parenting time provides a reasonable visitation schedule for fostering a meaningful relationship between the father and child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-571, Categories: Evidence, family Law, guardianship
J. Gibbons finds the district court properly awarded primary custody of the divorced parties' child to the father. Though the mother says the summons was sent to a previous address and that she did not receive proper service, she did not seek dismissal. Seeking adjudication on the merits, she effectively consented to the court's jurisdiction and waived dismissal based upon a failure to effectuate service. The record supports the court's denial of the mother's request for child support arrears. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 12, 2024, Case #: 87208-COA, Categories: family Law, Due Process, guardianship
J. Gruber finds the circuit court properly adjudicated the children dependent-neglected. The department removed the children after finding evidence the parents were making up symptoms requiring medical treatment. Treating physicians testified no records support any need for the children's treatment for congenital disease. Though the parents objected to a question asked by the prosecution regarding discussions a witness had with a treating doctor, the prosecution was asked to rephrase the question. The parents have not shown prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 10, 2024, Case #: CV-23-598, Categories: family Law, Health Care, guardianship
J. Desmond affirms a mother and father’s parental rights to their twin daughters but vacates an order denying the twins’ and their older brother’s motions for sibling visitation. The mother and father engaged in substance abuse and domestic violence and then lied about doing so, but while the older brother exhibited troubling behaviors, he wasn’t shown to have put the twins at risk. Affirmed in part.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: April 4, 2024, Case #: 23-P-294, Categories: family Law, guardianship, Assault
J. Forbes finds the trial court properly terminated the mother and father’s parental rights and granted permanent custody of the child to family services in the best interest of the children. The mother and father completed the case plan services but demonstrated that they did not benefit from the services as they continued their relationship and two more domestic violence incidents happened within a month. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: April 4, 2024, Case #: 2024-Ohio-1283, Categories: family Law, guardianship
J. Hixson finds the circuit court properly denied the mother's motion to modify child support. The mother alleges the father had not visited their older children, and that she fully supports them without his help. She says that even though the court granted joint custody, the father had not abided by the order, and should not have the benefit of an offset for his support. The order did not require the father have visitation with the older children, and the mother has not argued there has been any material change in circumstances as required for modification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 3, 2024, Case #: CV-23-192, Categories: family Law, guardianship
J. Welch finds the trial court properly modified the custody order granting the father more parenting time. The court properly found the mother interfered with the father and child's relationship, which constituted a change in circumstances affecting the child's best interests. However, the court improperly required the mother to provide support while denying her benefit without showing the source is her own income. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-311, Categories: family Law, Due Process, guardianship
J. Murphy finds the county court improperly declined the mother's request to modify custody. Since the entry of the order, the father was arrested for domestic battery, was under investigation for child abuse and had slapped the child in the face when he would have been six years old or younger. The court improperly found no material change had occurred warranting modification. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: March 27, 2024, Case #: CV-23-259, Categories: Evidence, family Law, guardianship
J. Welch finds the county court improperly ordered the child's custody should continue with the Department of Health and Human Services. The child was removed due to the mother's history with drugs, as well as her history of relationships with violent men. Although the evidence, including a psychological evaluation of the mother, supports the court's order, the court failed to make written findings as to the mother's history and fitness. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 19, 2024, Case #: A-23-594, Categories: family Law, Due Process, guardianship