448 results for 'cat:"Evidence" AND cat:"Family Law"'.
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
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J. Stone finds that the trial court should not have recused a judge in this divorce case based on the husband's claim of impartiality. There was no evidence that the judge was “biased, prejudiced, or interested in the cause” of this matter. Reversed and vacated.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 24, 2024, Case #: 55,605-CA, Categories: evidence, family Law
J. Powell finds the lower court properly denied the father's motion to terminate the parents' shared parenting plan and name him sole residential guardian of their child. Although the mother ignored portions of the plan, denied the father parenting time on several occasions and often spoke to the child about the father in a derogatory manner, she attended therapy sessions and made genuine attempts to correct her behavior while maintaining a strong bond with the child, which made it in the child's best interest for the plan to remain in place. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: April 22, 2024, Case #: 2024-Ohio-1519, Categories: evidence, family Law
J. Miller finds the trial court properly granted the maternal grandmother's motion for permanent custody and determined the father had abandoned the child. Not only had he failed to visit the child while the mother was still alive, the mother had been granted a protection order against the father, while the grandmother also agreed to allow limited visitation, which prevented a full termination of his rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1535, Categories: evidence, family Law
J. Miller finds the trial court properly ordered the marital home be sold as part of the couple's divorce. The wife failed to produce evidence she was able to refinance the property to remain there with the children, while there is also no requirement for a court to allow a party to keep the marital home. Meanwhile, although the husband used retirement funds prior to the parties' divorce, he did so to support himself, not as a way to intentionally harm the wife; therefore, the court properly denied the wife's motion to find he committed financial misconduct. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1533, Categories: evidence, family Law
J. Lynch finds the lower court properly denied the wife's motion for a spousal support modification. The court used up-to-date income numbers, while evidence in the record indicated the current support amount allowed the wife and children to leave comfortably, with ample funds for personal expenses. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: April 22, 2024, Case #: 2024-Ohio-1526, Categories: evidence, family Law
J. Hanson finds that the lower court improperly determined the mother's child-support obligation. The record does not establish how the lower court determined the mother's gross monthly income "for the purposes of calculating her child-support obligation." The parts of the judgment regarding child custody and visitation are affirmed, however. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: April 19, 2024, Case #: CL-2023-0338, Categories: evidence, family Law
J. Wolfe finds that the trial court properly held the father in contempt, modified the custody judgment, and named the Philippines-based mother the domiciliary parent of the children. The record shows that the father has "done everything possible to prevent" the minor child from traveling to the Philippines despite the court's order. Also, the relevant factors were properly considered in finding that relocation of the child was in their best interest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CU0945, Categories: Contempt, evidence, family Law
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
J. Baldwin finds the lower court properly denied the great-grandparents' motion for custody and granted family services' motion for permanent custody of the children. Although the great-grandparents were willing to care for the children, the parents' failure to make any progress in their case plans greatly diminished the probability the children would ever be returned to their custody and allowed for the termination of their parental rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: April 19, 2024, Case #: 2024-Ohio-1505, Categories: Civil Procedure, evidence, family Law
J. Carlyle finds that the lower court properly granted the parties a divorce and named the father as the child's sole managing conservator. The mother argues on appeal that the lower court abused its discretion in appointing the father as the child's managing conservator, but this is incorrect based on the lower court's finding that "Mother had a history of family violence, which is supported by the record." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 18, 2024, Case #: 05-23-00309-CV, Categories: evidence, family Law
J. Pedersen finds that the lower court properly terminated the father's parental rights following a bench trial. Contrary to the father's argument on appeal, the evidence sufficiently supports the termination order. The family plan and the permanency order informed the father of "his obligations to retain his parental rights," and the evidence shows that he failed to fully comply with certain material provisions, particularly as to substance abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: April 18, 2024, Case #: 05-23-01056-CV, Categories: evidence, family Law
J. Leland finds the lower court properly granted family services' motion for permanent custody of the child. Although the father has a strong bond with the child, he repeatedly failed to enter drug rehab or attend counseling services as part of his case plan, which prevented him from correcting the issues that led to the initial removal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Leland, Filed On: April 18, 2024, Case #: 2024-Ohio-1488, Categories: evidence, family Law
J. Suarez finds the lower court properly terminated the mother's parental rights. Although she loved and had a bond with her child, she refused to engage in mental health services or therapy to remedy issues that caused the initial removal and disrupted visits by being rude and demeaning to family services employees. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 18, 2024, Case #: AC46639, Categories: evidence, family Law
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the findings as to endangerment and the child's best interest. Testimony from caseworkers indicated the mother failed to seek treatment for persistent substance abuse, refused to submit to drug testing, and did not complete any of the services in her plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-24-00010-CV, Categories: evidence, family Law
J. Stevenson finds the trial court properly allowed the wife to present expert testimony about the husband's earning capabilities. His specialized job in the private energy sector involved skills and work outside the scope of understanding for a layperson, while the husband was also able to fully cross-examine the expert witness. However, because the court failed to include spousal support as part of the wife's income during its calculation of child support, the case must be remanded to allow for a proper calculation. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Stevenson, Filed On: April 17, 2024, Case #: 2024-Ohio-1456, Categories: evidence, family Law, Experts
J. Murphy finds the circuit court properly dismissed the ex-husband's motion for modification of support and alimony. Though the husband's income decreased, and he says there is no longer a need for the obligation since the wife's income has increased, he is still capable of meeting the obligation. The court correctly found, and the record supports, the wife still has a need for support “to maintain the...lifestyle for [her]...children." Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-23-315, Categories: evidence, family Law, Contract
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. Robinson finds that the trial court improperly dismissed an aunt’s amended petition for third-party visitation of her niece. The aunt alleges that she had a parent-like relationship with her niece and, if visitation was denied, the niece would suffer significant harm since she was the primary caregiver. The niece’s biological mother died, and the biological father was awarded custody. The case is remanded for further proceedings for the aunt to prove her parent-like relationship. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 15, 2024, Case #: SC20832, Categories: evidence, family Law, Wills / Probate
J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: evidence, family Law, Fraud
J. Trotter finds that the lower court properly terminated the parental rights of the mother. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest finding. The evidence shows that the mother failed to comply with her family service plan and also shows that the child expressed a desire to be adopted. Additionally, the child's behavior had "greatly improved" while living with a relative. The court further concludes that "this parent-child bond is fundamentally broken." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: April 11, 2024, Case #: 11-23-00258-CV, Categories: evidence, family Law
J. Poissant finds that the trial court properly terminated the mother's parental rights to her son. The evidence was sufficient to support the statutory grounds regarding an endangering environment for the child and endangering conduct by the mother. For instance, the child was living with the mother in "unsanitary, deplorable conditions." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 11, 2024, Case #: 14-23-00848-CV, Categories: evidence, family Law
J. Williams finds that the lower court properly terminated the mother's parental rights to three children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest findings. The record indicates a history of drug use by the mother and a failure to complete her family service plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: April 11, 2024, Case #: 11-23-00248-CV, Categories: evidence, family Law