448 results for 'cat:"Evidence" AND cat:"Family Law"'.
J. Stephens finds that the trial court should not have increased the husband's spousal support obligation. In this case, the original $400 per month spousal support award, in conjunction with the wife's means of support in operating her own cleaning business, is enough to meet her “maintenance” expenses. Further, the husband's increase in hourly income is not a change in circumstances justifying an increase in spousal support. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,501-CA, Categories: evidence, family Law
J. Edelstein finds the trial court's finding of financial misconduct on the part of the husband was unsupported by the evidence. Although he undoubtedly used the majority of his retirement assets to fund the startup of an ultimately failing business, the wife was aware of his conduct, agreed to refinance the couple's mortgage well after the business had failed and knew the assets were liquidated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: April 9, 2024, Case #: 2024-Ohio-1339, Categories: evidence, family Law
J. Poissant finds that the mother's parental rights to her son were properly terminated based on sufficient evidence to support the best interest finding. The case worker testified that the mother was homeless and did not have "any type of residence." Also, the child's medical needs were neglected by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 9, 2024, Case #: 14-23-00499-CV, Categories: evidence, family Law
Per curiam, the Vermont Supreme Court finds the family court properly declared a child was in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and the best interest of the child is not appropriate. The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-366, Categories: evidence, family Law, Negligence
Per curiam, the Vermont Supreme Court finds the family court properly declared two children were in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and there is no harm because they live in poverty. The children were found, “without proper parental care or subsistence, education, medical, or other care necessary for his or her well-being.” The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-372, Categories: evidence, family Law, Negligence
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J. Hoffman finds the lower court properly allocated a larger portion of the couple's credit card debt to the wife because she was in exclusive control of the card following the couple's separation and failed to provide any evidence regarding the source of the debt already on the card at the time of the separation. Meanwhile, testimony the wife claimed all three children as dependents on a separate tax return despite being ordered not to do so was sufficient to establish financial misconduct and allowed the court to deny her request for spousal support. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: April 5, 2024, Case #: 2024-Ohio-1328, Categories: evidence, family Law
[Consolidated.] J. Perry finds that the trial court properly ordered the full interdiction of a fifty-four-year-old individual who has intellectual and developmental disabilities. The testimony of the medical expert and other evidence supports the finding that the individual is not able to "make reasoned decisions regarding the care of his person and property." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: CW-23-213, Categories: evidence, family Law, Experts
J. Mooney finds the juvenile court erred in changing the permanency plan for father’s son from reunification to adoption. “There was no evidence presented of any effort made by DHS to assist father with his impulse control issues, or to better understand [the child’s] emotional needs and build trust with him.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A182039, Categories: evidence, family Law
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that her constitutional rights were violated when certain drug test results were admitted via a business record affidavit "without a sponsoring expert witness." However, the Sixth Amendment right to confrontation pertains to criminal prosecutions, and the mother's termination case is civil in nature. Additionally the exhibits are cumulative of other evidence regarding her alleged drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: April 2, 2024, Case #: 07-23-00386-CV, Categories: Constitution, evidence, family Law
[Consolidated.] J. Abele finds the trial court properly granted permanent custody of the children to family services. Although the parents have a bond with their children and clearly love them, they failed to remedy substance abuse issues and continued to test positive for controlled substances after the children were first removed from their custody. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 2, 2024, Case #: 2024-Ohio-1332, Categories: evidence, family Law
J. Partida-Kipness 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 best interest finding. The father had a history of domestic violence and failed to participate in court-ordered services. There was also evidence that the children were doing well in their foster home. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 29, 2024, Case #: 05-23-01049-CV, Categories: evidence, family Law
J. Sheehan finds the lower court properly granted permanent custody of the child to family services. The agency made significant efforts to find a family member willing to care for the child on a permanent basis, but by the time a suitable relative was found, the child had been in a supportive foster home for more than two years, and it was in her best interest to remain there. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: March 28, 2024, Case #: 2024-Ohio-1164, Categories: evidence, family Law
J. Trotter finds in this accelerated appeal that the lower court properly terminated the parental rights of the mother to her four children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's findings. She tested positive for various drugs during the pendency of the case, and two of the children tested positive for illegal drugs. Also, she denied that she had a drug problem. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: March 28, 2024, Case #: 11-23-00234-CV, Categories: evidence, family Law
J. Gray finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the endangerment and best interest findings. The father admitted to using illegal drugs, was aware the mother had used drugs during her pregnancy, and did not regularly visit the children after their removal. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: March 28, 2024, Case #: 10-23-00294-CV, Categories: evidence, family Law
J. Longoria finds that the lower court properly terminated the mother's parental rights to her child. The evidence sufficiently supports the lower court's findings. The mother tested positive for methamphetamine, failed to comply with her service plan and admitted to not knowing "how to fully care for her own children." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: March 28, 2024, Case #: 13-23-00583-CV, Categories: evidence, family Law
J. Smith finds that the trial court properly terminated the mother and father's parental rights to their child based on sufficient evidence to support the best interest finding. The mother used illegal drugs during her pregnancy and while the termination suit was pending, and the father knew the mother was using drugs but left the child in her care when he went to prison. Also, the father had engaged in violent criminal conduct against his elderly father-in-law and was arrested for assault family violence against the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 28, 2024, Case #: 10-23-00296-CV, Categories: evidence, family Law
J. Pickett finds that the trial court properly granted sole custody of the child to the biological mother, who was in a custody dispute with her former partner from a same-sex relationship. The biological mother showed there was a material change in circumstances, and the evidence shows it is in the child's best interest for the biological mother to have sole custody. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: March 27, 2024, Case #: CA-23-548, Categories: evidence, family Law
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. Gladwin finds the county court properly found the parties had a valid and enforceable marriage. After the husband's hospitalization for Covid-19, he returned home to find money in a bank account he had entrusted to his wife was gone. He filed for divorce and the wife denied the parties had been married. Evidence shows the parties held themselves out to the community at large as a married couple. The presumption of a lawful marriage exists when a couple who have lived together for a considerable time and hold each other out to the public as husband and wife. The property division is based on sufficient evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 27, 2024, Case #: CV-23-127, Categories: evidence, family Law, Contract
J. Powell finds the lower court properly granted permanent custody of the children to family services. The mother's repeated failed drug tests prevented her from providing a safe home for the children, while her claim the results were from an inhaler was not believable and contradicted by testimony from a lab technician. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: March 25, 2024, Case #: 2024-Ohio-1091, Categories: evidence, family Law
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against a husband in a divorce case when it determined that investment accounts belonging to him were not separate property. Because an expert testifying on the accounts was unable to see statements from the following four months, the court of appeals held that the husband failed to show evidence that the accounts were separate property. While the expert was unable to view the specific account statements, they were still admitted into evidence and still part of the record. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: March 22, 2024, Case #: 22-0565, Categories: evidence, family Law, Experts
J. Smith finds that the trial court properly terminated the mother and father's parental rights to their children. The foster parents had standing to intervene in the termination proceeding, and their petition was timely filed. Also, the father did not preserve his complaint regarding the sufficiency of the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 21, 2024, Case #: 10-23-00311-CV, Categories: evidence, family Law
J. Smith finds that the trial court properly terminated the mother's parental rights to her children based on sufficient evidence to support the best-interest finding. There were multiple incidents of domestic violence between the mother and father that occurred in front of the children. Also, the mother did not use most of her available visitation with the children, missed prearranged visits and was "mostly unengaged" around them. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 21, 2024, Case #: 10-23-00413-CV, Categories: evidence, family Law
[Consolidated.] J. Moore finds that the lower court improperly terminated the mother's parental rights to her two children. The evidence does not sufficiently support the findings, as it only consisted of "nine pages of transcript testimony of one witness." The case is accordingly remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 15, 2024, Case #: CL-2023-0809, Categories: evidence, family Law
J. Gallagher finds the trial court properly terminated the mother's parental rights and granted permanent custody of the child to family services. She failed to take any steps to complete her case plan for nearly five months after the child was removed from her care and was also evicted from her home, which prevented her from providing a safe environment for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-950, Categories: evidence, family Law
J. Poissant finds the lower court properly divided the marital assets in this divorce matter. The husband argues that the marital home was jointly owned separate property and the lower court should not have been able to order it sold. The husband also argues that certain evidence, namely a drug test that showed he tested positive for amphetamine, methamphetamine, benzoylecgonine, cocaine, and norcocaine, and expert testimony to the effect that he was a daily user of those drugs, should not have been allowed. But the husband did not object to the evidence or expert testimony at the time it was submitted into evidence, thereby waiving his right to later argue against their admission. The lower court made no error in its division of the marital estate. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: March 14, 2024, Case #: 14-22-00810-CV, Categories: evidence, family Law, Property
J. Tufte finds that the juvenile court improperly terminated parental rights. The father argues that termination was not supported by sufficient evidence. The juvenile court's findings are not supported by evidence in the record. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: March 7, 2024, Case #: 2024ND43, Categories: evidence, family Law
J. Doss finds that the lower court properly terminated the mother's parental rights to her daughter. The evidence sufficiently supports the lower court's best interest finding. The record indicates a history of drug use by the mother. Also, the child "struggles with adjustment after spending time with Mother," and the evidence shows the child is doing well with her foster family. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 7, 2024, Case #: 07-23-00417-CV, Categories: evidence, family Law
J. Wise finds the lower court properly named the mother sole residential parent and denied the father's motion for shared parenting. The evidence in the record clearly indicated it was in the child's best interests to remain in the care of their mother, while the vitriolic behavior displayed by both parents and their inability to cooperate prevented adoption of a shared parenting plan. Meanwhile, the child support amount awarded by the trial court was supported by credible evidence, including the father's gross income of more than $1 million, and the education and extracurricular activities of the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: March 7, 2024, Case #: 2024-Ohio-812, Categories: evidence, family Law
J. Kilbane finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. She failed to complete mental health or drug addiction programs as part of her case plan and continues to abuse alcohol as a means to escape from her problems, while the child has thrived in foster care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: March 7, 2024, Case #: 2024-Ohio-827, Categories: evidence, family Law