448 results for 'cat:"Evidence" AND cat:"Family Law"'.
J. Rambin finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the statutory ground for endangering conduct and the best interest finding. The mother tested positive for illegal drugs at the child's birth, failed to submit to random drug tests, did not complete the required counseling, lacked stable housing and did not have an adequate income to support the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: June 8, 2023, Case #: 06-22-00091-CV, Categories: evidence, family Law
J. Bailey finds that the lower court properly terminated the parental rights of the mother and the father. Contrary to their arguments on appeal, the evidence sufficiently supports the best interest finding. The record indicates drug use by the parents, and one of the children had a positive drug test. Additionally, the foster mother was "uniquely qualified" to meet the medical needs of one of the children, who required "regular appointments and surgeries." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 8, 2023, Case #: 11-23-00007-CV, Categories: evidence, family Law
J. Bailey finds that the lower court properly terminated the parental rights of the father to one of his children. The lower court did not err by admitting evidence of a certain criminal conviction that was allegedly on appeal. Additionally, the best interest finding was sufficiently supported by the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 8, 2023, Case #: 11-22-00358-CV, Categories: evidence, family Law
[Consolidated.] J. Doss finds that the lower court properly terminated the parental rights of the mother and the father to two children. The mother's appointed counsel has indicated that her appeal is without merit. The father challenges the evidence on appeal, but the evidence sufficiently supports the lower court's findings. Specifically, there was evidence of domestic violence and illegal drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: June 7, 2023, Case #: 07-22-00376-CV, Categories: evidence, family Law
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J. DiPentima finds the lower court properly terminated the mother's parental rights and granted permanent custody to family services. The state made reasonable reunification efforts but the mother failed to adequately engage in mental health services, did not have stable housing and failed to address substance abuse issues. Affirmed.
Court: Connecticut Court Of Appeals, Judge: DiPentima, Filed On: June 7, 2023, Case #: AC46117, Categories: evidence, family Law
J. Gray finds that the trial court properly terminated the parental rights of the mother and father based on sufficient evidence to support the findings as to endangering conduct and the child's best interest. The mother admitted using illegal drugs with her older child, and her three-year-old child had "easy access to the loaded semi-automatic rifle" that the mother unlawfully had in the house. Testimony showed that the father was abusive and was legally disabled due to depression and bipolar disorder. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: June 7, 2023, Case #: 10-22-00425-CV, Categories: evidence, family Law
J. Jones finds the trial court improperly ruled against the Texas Department of Family and Protective Services in a suit affecting the parental rights of a mother and father. On appeal, the department argues that the trial court erred by not terminating the parent's rights in the best interest of their child. The evidence supports the findings that it would be in the best interest of the child to terminate the parental rights of their parents. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 7, 2023, Case #: 03-22-00705-CV, Categories: evidence, family Law, Guardianship
J. Pirtle finds the district court improperly modified physical custody and parenting time as to the unmarried, separated couple’s minor child. The mother says that the court erred in finding a material change of circumstances affecting the child’s best interests. The majority of evidence brought by the father addressed the parties’ contentious relationship and communication issues. There was no dispute that those circumstances existed at the time the parties’ parenting plan was adopted. The father failed to meet his burden to demonstrate new facts and circumstances that warrant modification. Reversed and dismissed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: June 6, 2023, Case #: A-22-485, Categories: evidence, family Law, Guardianship
J. Prescott finds the trial court properly terminated the father's parental rights and granted permanent custody of his daughter to family services. Although his conviction for sexual assault of the daughter's sibling was overturned on appeal, the cumulative evidence regarding his rehabilitation still weighed heavily in favor of termination. The father failed to address numerous mental health issues, had only sporadic visitation even prior to his incarceration, and attended only a single session of therapy over the course of a 22-month period. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: June 5, 2023, Case #: AC45917, Categories: evidence, family Law
J. Clark finds the lower court properly granted the father's motion for temporary custody of the couple's child because an affidavit from the guardian ad litem about the mother's excessive intoxication in front of the child was sufficient to prove the mother was an immediate danger to the children's mental and physical well-being. However, the court improperly delegated its judicial authority to the father when it allowed him and the child's therapist to modify the mother's visitation depending on her future behavior; therefore, the case will be remanded to allow the court to properly allocate visitation rights. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: June 2, 2023, Case #: AC45186, Categories: evidence, family Law, Judiciary
J. Elgo finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. She failed to obtain adequate housing or income to provide a safe home for the children, did not complete drug screenings required by her case plan, and failed to visit the children frequently enough to prove a significant bond. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: June 1, 2023, Case #: AC45929, Categories: evidence, family Law
J. Gwin finds the lower court properly denied the mother's request to have the child live with her in Texas in a divorce case. Although the child expressed a desire to move there, her wishes, which seemed to the court to be a result of coaching from the mother, were only a part of the evidence considered by the court, which also included poor grades and attendance at school when living with the mother and no safety issues while in the father's custody. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: June 1, 2023, Case #: 2023-Ohio-1826, Categories: evidence, family Law
[Consolidated.] J. Shanker upholds the lower court's affirmation of the termination of the father's parental rights. The magistrate judge properly considered the father's lack of suitable housing when it terminated his parental rights, and the father did not complete anger management courses or the required psychological examination. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: June 1, 2023, Case #: 22-FS-0557, Categories: evidence, family Law
J. Palafox finds a lower court correctly terminated a mother’s parental rights. The mother argued there was not adequate evidence to determine she was an unfit mother or remove her parental rights, but child welfare workers provided evidence of the mother’s “ongoing drug use” and “lack of participation in court-ordered services.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 25, 2023, Case #: 08-22-00247-CV, Categories: evidence, family Law, Guardianship
J. Smith finds that the trial court properly terminated the mother's parental rights to her son. The evidence was sufficient to support the finding that the mother engaged in endangering conduct, including her "history of criminal activity and drug use." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 24, 2023, Case #: 10-23-00086-CV, Categories: evidence, family Law
J. van Cleef finds that the trial court properly terminated the father's parental rights to his daughter based on sufficient evidence to support the best interest finding. The evidence showed the father was not able to meet the child's needs due to his lack of stability, income or a home. Affirmed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: May 24, 2023, Case #: 06-23-00016-CV, Categories: evidence, family Law
J. Baldwin finds the lower court properly named the father sole residential parent of the couple's child. The lower court considered all required factors and was in the best position to determine the credibility of witnesses, including family members, family services employees and other individuals involved with the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 24, 2023, Case #: 2023-Ohio-1756, Categories: evidence, family Law
J. Gwin finds the lower court properly terminated the mother's parental rights and granted custody of her children to family services. Her refusal to take prescription medications or change various behavioral issues prevented her from being able to care for the children within a reasonable amount of time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: May 24, 2023, Case #: 2023-Ohio-1755, Categories: evidence, family Law
Per curiam, the appeals court finds the trial court failed to put findings on the record showing substantial evidence that the mother's child suffered physical or mental injury or that the mother currently poses a threat of harm to the child, so its order on the state's petition for dependency is reversed without prejudice and remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 24, 2023, Case #: 21-2409, Categories: evidence, family Law
J. Delaney finds the lower court properly granted permanent custody of the child to family services. Although the mother made some progress on her case plan, she was arrested and pleaded guilty to child endangerment at the outset of the case, was arrested for DUI shortly thereafter, had numerous inappropriate relationships with partners who had violent histories and criminal records, and also refused to complete domestic violence treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: May 23, 2023, Case #: 2023-Ohio-1731, Categories: evidence, family Law
J. Mayle finds the trial court properly granted permanent custody of a pair of twins to family services. The mother does not have an adequate bond with the children and made numerous false accusations against the foster parents, under whose care both children have thrived. The mother also refuses to maintain stable housing despite being employed, and, therefore, is unable to provide a safe environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 23, 2023, Case #: 2023-Ohio-1732, Categories: evidence, family Law
J. Mentel finds the lower court properly granted family services' motion for permanent custody of the child. Neither parent obtained permanent housing after the child was placed in foster care, the parents did not interact appropriately with the child during visitation, and neither could prove their sobriety during their case plan, all of which proved they could not provide a safe and stable environment for the child, who had developed a strong bond with her foster mother. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mentel, Filed On: May 23, 2023, Case #: 2023-Ohio-1721, Categories: evidence, family Law
J. Johnson finds that the trial court properly denied the petition to involuntarily terminate a father's parental rights. The evidence indicates that the father has shown an interest in being a part of his child's life, and there was no evidence of the foster parents expressing their desires to adopt the child. Further, the evidence shows that it was not in the best interests of the child for the father's parental rights to be terminated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 23, 2023, Case #: 23-CA-4, Categories: evidence, family Law
J. Molberg finds that the lower court properly terminated the parental rights of the father and the mother to their child. Counsel for the mother indicated that there are "no arguable grounds for reversal," and the court agrees. The evidence also sufficiently supports the endangerment and best interest findings as to the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 23, 2023, Case #: 05-22-01337-CV, Categories: Civil Procedure, evidence, family Law
J. Kirby finds the lower court improperly terminated the parental rights of a mother and father to their minor child on grounds of severe abuse, persistence of conditions and substantial noncompliance with the permanency plans. The minor child was removed from the parents' care after an X-ray revealed multiple rib fractures. The parents argue they did not inflict the injuries upon the child. Despite the lower court's decisions to terminate parental rights, the evidence of record does not clearly or convincingly show the parents knowingly injured or failed to protect the child from injury. Evidence also fails to support any of the other grounds for termination. Reversed.
Court: Tennessee Supreme Court, Judge: Kirby, Filed On: May 19, 2023, Case #: M2019-01079-SC-R11-PT, Categories: evidence, family Law