345 results for 'cat:"Civil Procedure" AND cat:"Family Law"'.
J. Miskel finds that the lower court properly terminated the mother's parental rights to two children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The mother failed to appear for trial, and the evidence indicated a history of drug use, as well as a failure to consistently comply with drug testing. Also, her living location was unknown to the Texas Department of Family and Protective Services, and she was not employed "the last time the caseworker spoke with her." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 1, 2024, Case #: 05-23-00879-CV, Categories: civil Procedure, Evidence, family Law
J. Moore grants in part the mother's petition for a writ of mandamus, in which she challenges certain pendente lite orders in the underlying custody dispute. The mother's request is granted as to the child-support order, but denied as to the custody order. The lower court "relied exclusively" on the father's motion in determining that the mother should pay him pendente lite child support.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 1, 2024, Case #: CL-2023-0814, Categories: civil Procedure, family Law
Per curiam, the court of civil appeals finds that this appeal must be dismissed as being taken from a nonfinal judgment. The judgment terminated the parental rights of the mother and the father, but it did not contain a "provision continuing permanent custody of the child with the paternal grandparents or issuing a new award of permanent custody to them." Accordingly, the judgment will not support an appeal.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: March 1, 2024, Case #: CL-2023-0198, Categories: civil Procedure, family Law
J. van Cleef finds that the trial court improperly granted default judgment against the mother and appointed the paternal grandparents as sole managing conservators of the children. Service on the mother was defective since the individual who attempted service was the attorney for the grandparents, and she was not authorized under the rules of civil procedure to serve process. Reversed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: March 1, 2024, Case #: 06-23-00067-CV, Categories: civil Procedure, family Law
J. Devine finds that the court of appeals properly ruled in favor of a husband who argued that the trial court failed to fully resolve the divorce proceedings before his wife's death. An email sent from the court to the parties' counsel was not a “public announcement,” making it an “ineffective rendition.” Without a proper announcement rendering judgment, the matter of the couple’s divorce was unresolved at the time of the wife’s death. Affirmed.
Court: Texas Supreme Court, Judge: Devine, Filed On: March 1, 2024, Case #: 22-0242, Categories: civil Procedure, family Law
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J. Worthen denies the parent's petition for a writ of mandamus challenging a protective order. The order was entered against the parents on behalf of their child after a minor told his mother the child had touched his penis and exposed him to others on the school bus in exchange for Pokemon cards. The parent's essential argument that a child victim cannot seek protection when the offending person is another child is contrary not only to the relevant statute’s purpose, but also to the state's policy to protect the interests of children.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 29, 2024, Case #: 12-24-00010-CV, Categories: civil Procedure, family Law, Restraining Order
J. Kelly grants a petition for writ of mandamus filed by the mother asking for a lower court’s order granting her plea to the jurisdiction in a suit affecting the parent-child relationship to be restored. The mother's former partner brought the underlying suit and sought to be appointed as a joint managing conservator of the son. The trial court lost its plenary power 30 days following the issuing of the order dismissing the suit. Because the subsequent actions took place after that period, the court abused its discretion and the order still stands.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: February 29, 2024, Case #: 03-23-00620-CV, Categories: civil Procedure, family Law
J. Doss finds that the lower court properly terminated the father's parental rights to his children. Contrary to the father's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates unstable employment and "struggles with alcohol abuse." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 28, 2024, Case #: 07-23-00373-CV, Categories: civil Procedure, family Law
[Consolidated.] J. Edwards finds that the lower court properly entered a modification judgment reducing the former husband's monthly alimony obligation. On appeal, the former husband contends that the alimony should have been terminated. However, the ruling was sufficiently supported by the evidence, as the former wife's testimony indicated a continuing need for alimony. Additionally, the former husband's mandamus petition is denied. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0446, Categories: civil Procedure, family Law
J. Lanier finds that the trial court properly sustained the ex-husband's exception of improper venue in a child custody proceeding. The facts and circumstances of the case show that Vernon Parish was the appropriate venue, and the judgment is amended to order the case transferred to that venue. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: February 23, 2024, Case #: 2023CA0572, Categories: civil Procedure, family Law, Venue
[Consolidated.] J. Edwards finds that the lower court properly terminated the parental rights of the father but improperly terminated the mother's parental rights in these consolidated cases. The evidence sufficiently supports the lower court's abandonment finding, as to the father. The record does not show, however, that there was "no viable alternative to the termination of the mother's parental rights." Specifically, there was no evidence that the maternal aunt "knew that the children had been removed from the mother's custody." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0393, Categories: civil Procedure, family Law
J. Pritzker finds that the lower court properly terminated a father's parental rights on grounds that he neglected his two children. Social service agencies made efforts to help the father reunite with the children, but he failed to find safe, stable housing; to engage in mental health counseling; or to maintain regular visits. The appeal from the termination of his parental rights should be dismissed as moot since the children, each removed from the home at birth, have been adopted. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 22, 2024, Case #: 535485, Categories: civil Procedure, family Law
J. Gallagher finds the lower court properly denied the father's motion to amend his filings to include arguments regarding custody of the child. The mother did not consent to litigate the issue of custody at the hearing intended solely to determine whether the father received adequate parenting time under the couple's shared parenting plan; therefore, any discussion of that issue by the father would have violated the mother's due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 22, 2024, Case #: 2024-Ohio-661, Categories: civil Procedure, family Law, Due Process
J. Molberg finds that the lower court properly denied the mother's motion to modify conservatorship. Contrary to the mother's argument, the lower court did not err by failing to appoint the mother as sole managing conservator of the child. The mother failed to establish "a material and substantial change in the circumstances of the child, a conservator, or other party." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 21, 2024, Case #: 05-22-01175-CV, Categories: civil Procedure, family Law
Per curiam, the appeals court finds the trial court improperly ordered the ex-husband to perform 50 hours of community service as a sanction in the dissolution of his and the ex-wife's marriage for violating a domestic violence injunction by "shooting and maiming" the ex-wife's pet cats with a pellet gun. The trial court did not follow proper procedure and overstepped its authority by imposing a penal sanction after the ex-wife withdrew her motion to find the ex-husband in criminal contempt and proceeded only to find him in civil contempt. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 21, 2024, Case #: 22-1371, Categories: civil Procedure, family Law, Sanctions
J. Thomson finds the trial court was not required to hold an in-person hearing before it issued a decision on the couple's divorce decree. The relevant statute requires only that each party be given adequate notice and the opportunity to respond to any objections filed by the opposing party. Reversed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: February 19, 2024, Case #: S-1-SC-39107, Categories: civil Procedure, family Law
J. Moore finds that the lower court improperly entered a divorce judgment that failed to comply with the statutory requirements, specifically as to the alimony awarded. The amended judgment did not indicate that "rehabilitation was not feasible, nor did it make any of the other findings that would justify awarding periodic alimony as opposed to rehabilitative alimony." Accordingly, the matter is remanded for the lower court to make the necessary findings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: February 16, 2024, Case #: CL-2023-0511, Categories: civil Procedure, family Law
J. Fridy grants the maternal grandmother's petition for a writ of mandamus, in which she challenges a juvenile court order "stating that all requested relief and causes of action" were transferred to the circuit court. The juvenile court's prior order "purporting to transfer the modification action to the circuit court" was a nullity. Accordingly, the grandmother is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: February 16, 2024, Case #: CL-2023-0820, Categories: civil Procedure, family Law
J. Edwards denies the mother's petition for a writ of mandamus, in which she seeks an order for a forensic examination of the child and the disclosure of the child's mental-health records in the underlying custody dispute. The mother's petition was untimely filed as to her request for a forensic examination, and she fails to adequately argue her issue regarding the child's records.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 16, 2024, Case #: CL-2023-0903, Categories: civil Procedure, family Law, Health Care
J. Longoria finds on remand from the Supreme Court of Texas that the lower court properly terminated the mother's parental rights to her daughter. Contrary to the mother's contention, the evidence sufficiently supports the endangerment findings under subsections (D) and (E), as well as the lower court's best interest finding. The evidence showed that the mother lacked an understanding of the child's "physical, emotional, and developmental needs." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 15, 2024, Case #: 13-23-00040-CV, Categories: civil Procedure, Evidence, family Law