2,515 results for 'cat:"Family Law"'.
J. Egan finds that the lower court properly dismissed claims in which a father sought custody of his son after his relationship with the mother dissolved because the mother had stayed home to care for the child for two years before returning to work, and the father's housekeeping and hygiene skills were lacking. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 9, 2024, Case #: 536134, Categories: family Law
J. Egan finds that the lower court properly temporarily removed three children from their parents' care based on neglect findings because the children lived in imminent risk of harm due to the lack of running water in the home, as well as incidents in which the father overdosed while the children were in his care and the mother assaulted the children's maternal grandmother during an argument. Subsequently, the grandmother was put in charge of their care, a role she had filled in the past. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 9, 2024, Case #: CV23-0474, Categories: family Law
J. Tenney finds that the trial court properly ordered an ex-husband to reimburse an ex-wife the money she paid to satisfy a mortgage loan their divorce decree had required him to pay. The order to reimburse was an enforcement ruling, not a modification, since it gave effect to the decree's requirement that he be responsible for any loans on the residence. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: May 9, 2024, Case #: 20210902-CA, Categories: Civil Procedure, family Law
J. Ceresia finds that the lower court properly awarded primary physical custody of a child to the mother. The father was granted additional parenting time, but he previously lied about being the child's primary caregiver. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 9, 2024, Case #: 535843, Categories: family Law
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J. McBrayer finds that the trial court properly determined a minor child should be adopted by his maternal grandfather since the comparative fitness test indicated this arrangement would serve the best interests of the child following the death of his mother. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: May 9, 2024, Case #: W2022-01617-COA-R3-PT, Categories: family Law
J. Contreras finds that the lower court properly terminated the father’s parental rights to his daughter. The evidence sufficiently supports the statutory grounds for termination, specifically that he failed to comply with certain “requirements ordered by the court.” Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: May 9, 2024, Case #: 13-24-00040-CV, Categories: Evidence, family Law
J. Worthen finds the trial court properly terminated the divorce proceedings. Though the couple were previously in a romantic relationship for more than 20 years, they agree that no ceremonial marriage ever occurred, nor did they ever file a declaration and registration of an informal marriage. General, conclusory statements from a witness with whom the couple socialized are not sufficient to raise a fact issue as to whether they represented to others they were married. No evidence presented raises a fact issue as to a formal or informal marriage existing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00230-CV, Categories: Evidence, family Law
J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: family Law, Health Care, Contract
J. Gannam finds the trial court improperly applied the correct legal standards when finding the father contributed to the children’s dependency status after basing the decision on the belief the father's corporal discipline was abusive. There is not enough evidence to prove the father “engaged in conduct placing [the kids] at substantial risk of imminent abuse.” Therefore, this case is remanded for the children’s placement with the appropriate proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: May 8, 2024, Case #: 6D24-105, Categories: Evidence, family Law
J. Ortega finds the juvenile court properly terminated a mother’s parental rights to her three children. The mother’s mental health conditions interfere with her ability to prioritize children's needs. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A182137, Categories: family Law
J. Baldwin finds the lower court properly found the mother's consent was not required to complete the adoption of her child. She failed to file an objection within 14 days of receiving notice of the adoption. Although the mother requested an attorney within the 14-day time limit, that request is wholly unrelated to the objection requirement, which does not violate any due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 8, 2024, Case #: 2024-Ohio-1818, Categories: family Law, Due Process
J. Lawrence finds the lower court properly named the wife sole residential parent of the child. Although both parents were actively involved in the child's life, the husband's short temper and history of excessive spanking made the wife's home a safer and more suitable environment. Meanwhile, the award of child support over the statutorily required amount was supported by evidence in the record, including a joint decision to send the child to private school and the fact the husband was not working to his full earning capacity at the time of the separation. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 8, 2024, Case #: 2022-CA-804, Categories: Evidence, family Law
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. Stadtmueller finds that all of the claims in the citizen's pro se lawsuit against the Milwaukee County Clerk of Courts, the Milwaukee County Sheriff, judges and other court officials over his family law case, including those alleging false arrest, abuse of process and First Amendment violations, must be dismissed. All of the currently named defendants are dismissed and replaced with John Doe placeholders, and the citizen is given until May 29, 2024, to file a new amended complaint, or his entire lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 8, 2024, Case #: 2:23cv1361, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, family Law
J. Thomas finds that the circuit court improperly dismissed a husband's petition to modify the parenting plan because the record supports the husband's claims that a substantial change in circumstances occurred. Reversed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2023-1074, Categories: family Law
J. Aoyagi finds the trial court erred by treating a husband as “in default” for failing to personally appear at the dissolution trial and disallowing his attorney to appear for him. “Not allowing husband to participate in the dissolution trial through counsel resulted in a fundamentally unfair trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A179068, Categories: family Law
J. Joyce finds the juvenile court erred by granting a child’s paternal grandmother visitation and the right to travel internationally with the child. There was no evidence that without a visitation order, the mother and grandmother’s contentious relationship presents a risk of harm; “to the contrary, [the child] seems to be ‘impervious to the negative things.’” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 8, 2024, Case #: A179522, Categories: family Law
J. Jenkins finds that the trial court properly found an ex-husband in contempt for not following the parties’ community property settlement agreement and did not err in awarding the ex-wife $39,000 from the husband’s retirement account, per the parties’ community property settlement. In this case, the man was aware he was required to leave $198,000 in the account as the amount due to his former wife. Therefore, his withdrawals were in violation of the settlement agreement and constitute contempt of court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 7, 2024, Case #: 2023-CA-0566, Categories: Contempt, family Law, Contract
J. Engelmayer denies the mother's petition for the return of her son, age 11, to Chile. While the child's habitual residence for his entire life has been Chile, the child unequivocally does not want to return to Chile, despite his higher standard of living with his mother. He has consistently articulated feelings of depression and desperation in connection with his life in Chile, and feels happier living with his father in New York where he is doing well in school and developing close friends. While the child is not at risk of grave harm if he returns to Chile, the balance of circumstances favors retention in the U.S.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: May 7, 2024, Case #: 1:24cv1379, NOS: Other Statutory Actions - Other Suits, Categories: family Law, International Law
Per curiam, the appellate division finds that the lower court improperly issued a protective order for information regarding a mother's mental health records from treatment facilities. Given the family court's need to assess mental health, the record supports a finding for this. However, there is a potential risk of producing immaterial records, so balancing the court's need for relevant information with the mother's need for confidentiality. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02501, Categories: family Law, Privacy
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