85 results for 'cat:"Evidence" AND cat:"Family Law" AND cat:"Guardianship"'.
J. Arterburn finds the juvenile court properly terminated the father’s parental rights to his minor child. Several children of various parentage were removed from the mother’s care due to neglect and drug use, and the father in this case was identified through a paternity test. A case manager informed him of the child’s eating needs, and he failed to demonstrate his ability to meet them. He was also required to attend the child’s medical appointments but failed to follow through. The father has not acquired the skills to care for the child and has not established that he is a fit parent. The court properly denied his request for visitation pending appeal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 10, 2023, Case #: A-23-143, Categories: evidence, family Law, guardianship
J. Bishop finds the district court properly denied the mother’s request for grandparent visitation outside the United States for the children after granting joint physical custody, with the father receiving sole legal custody pursuant to the divorce decree. The court determined that the risk of the mother taking taking the children to Africa was “too substantial” considering her “previous noncompliance.” The mother also failed to assign other arguments as error. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 10, 2023, Case #: A-22-894, Categories: evidence, family Law, guardianship
J. Wright finds the trial court properly dismissed the father’s child custody claims in this divorce proceeding, denying his motion to reinstate the suit. The couple was married in Japan, where the children were born. The family moved to California, where the couple separated; then the husband moved to Texas before the wife filed for divorce. The husband provided no evidence of how long he had possession of information written in Japanese and did not provide evidence that he could not translate the Japanese information himself, or through an interpreter (or “Google Translate”) at least 45 days prior to trial. The court properly made implied findings that the father’s failures were “intentional or due to conscious indifference.” Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: October 5, 2023, Case #: 09-22-00101-CV, Categories: evidence, family Law, guardianship
J. Murphy finds the circuit court properly terminated the mother’s parental rights to her five minor children. The department exercised emergency custody of the children after their mother left them alone so that she could scrap her vehicle for money. She then used meth, which resulted in her discharge from a temporary shelter. The record supports the best interest finding and does not show any clear error in the court’s finding that the children would be at risk of potential harm if returned to the mother. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: October 4, 2023, Case #: CV-23-163, Categories: evidence, family Law, guardianship
J. Gladwin finds the circuit court properly granted summary judgment to the parents regarding the grandmother’s application for visitation rights. The parents sent the grandmother a message stating that they thought her husband was grooming the child for sex and the grandmother refused to comply with the parents’ requested rules regarding this. Evidence establishes that the grandmother’s relationship with the child would continue if she would cooperate, and she has failed to show that visitation was “altogether denied.” On the grandmother’s cross-appeal requesting reversal of an earlier order for an extension of time for the mother to file the record on appeal, the court of appeals also affirms. Affirmed on direct and cross appeals.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: October 4, 2023, Case #: CV-22-260, Categories: evidence, family Law, guardianship
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J. Virden finds the trial court properly entered a change of custody order as to the divorced parties’ older minor daughter, and awarding custody of the younger daughter to the father. The trial court analyzed the custody arrangements under different standards, finding the living arrangements had significantly changed due to the father’s relocation. The mother failed to rebut the presumption that the relocation is in the older child’s best interest. The father testified that he had been convicted of sexual assault before the parties married. Though the mother asks the court of appeals to simply reverse and grant her custody, this court cannot act as a fact-finding body, and must reverse and remand for a specific finding on whether father posed no danger. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 4, 2023, Case #: CV-22-382, Categories: evidence, family Law, guardianship
J. Hixson finds the circuit court properly terminated the mother’s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect after the children were verified by protective services to be dirty with mildew and dried feces, covered with infected insect bites, lacking electricity and water, and had been seen outside in the road without supervision. The mother’s arguments for reunification lack merit because she has not made progress with her substance abuse program. The court was presented with ample evidence of potential harm to support the best-interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CV-23-243, Categories: evidence, family Law, guardianship
J. Hixson finds the circuit court properly terminated both parents' rights to their minor children. DHS originally became involved with the family when one of the children tested positive for THC at birth. The children remained in the family home while DHS offered services, including random visits and drug screens. DHS exercised a seventy-two-hour hold on the children due to the parents' continued drug use, finding head lice and bed bugs on the children at a medical checkup. The parents' behaviors over the course of the case does not show enough stability to render the court’s finding of potential harm clearly erroneous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 6, 2023, Case #: CV-23-11, Categories: evidence, family Law, guardianship
J. Gladwin finds the circuit court properly awarded the parents joint custody of their shared child. The evidence established that the father was able to provide a stable home life during the mother’s prior dependency-neglect process, that he did not contribute to the neglect, that the child enjoyed both homes, that the child’s attorney ad litem declared that the child was attached to both parents and his half siblings on both sides, that the attorney ad litem stated that he believed it was in the child’s best interest to have “as much contact with both parents as … possible”, and that he believed both parents are fit. No clear error is found, and the superior position of circuit court is given deference. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: August 30, 2023, Case #: CV-22-712, Categories: evidence, family Law, guardianship
J. Rowe finds the circuit court improperly denied the department’s expedited petition to terminate the father’s parental rights after police discovered baggies, a scale, a glass pipe and needles in the home pursuant to an FBI investigation into child pornography. They also confirmed that the father transmitted child sexual abuse images on the internet. The court’s findings that the department failed to prove that termination was supported on statutory grounds requiring actual harm lack evidentiary support. A best interest finding is supported by evidence, and termination is the least restrictive means to protect the child. The court’s legal conclusions also conflict with applicable statutes. Reversed and remanded.
Court: Florida Courts Of Appeal, Judge: Rowe, Filed On: August 29, 2023, Case #: 1D22-2969, Categories: evidence, family Law, guardianship
J. Golemon finds the trial court properly entered a modification order granting the father exclusive right to designate the child’s primary residence. Sufficient evidence, including the child’s outcry of sexual abuse occurring the mother’s home, the mother’s inability to comply with orders and proceedings, and CPS’s ruling out of the mother’s claims of abuse by the father supports the court’s implied findings that a material change of circumstances had occurred and that the modification was in the child’s best interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 24, 2023, Case #: 09-21-00286-CV, Categories: evidence, family Law, guardianship
J. Worthen finds the trial court properly terminated the mother’s parental rights, a decision wherein the foster parents, who had been fostering the child for more than 12 months, intervened alleging that the mother’s proposed conservatorship would not be in the child’s best interest. The mother now alleges that the fosters do not have standing to intervene. At the final hearing the mother testified to meth use, that she was living with a male friend who had “been to prison,” had drug-related criminal history, and was recently arrested for driving without a license. The record demonstrates that awarding her custody would result in physical and emotional harm to the child. The trial court did not err in finding the intervenors had standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: August 23, 2023, Case #: 12-23-00128-CV, Categories: evidence, family Law, guardianship
J. Neeley finds the trial court properly appointed the Texas Department of Family and Protective Services as sole managing conservator of the child, declining to appoint the mother. After the mother randomly left Nevada, her state of residence, taking the child to Texas and leaving it at a hospital, saying that she “needed a break,” the investigation revealed that the mother was under the controlling “spell” of a man with involvement in drugs. The mother would effectively do whatever he told her to do, leading to negligent parenting. All evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: August 23, 2023, Case #: 12-23-00079-CV, Categories: evidence, family Law, guardianship
J. Hoyle finds the trial court properly terminated the mother’s parental rights. A child protection investigation supervisor testified that the mother tested positive for meth, amphetamines and THC, with the child testing positive for drugs at birth and showing eventual withdrawal symptoms. The mother did not make any efforts to complete education, testing or employment services. And the child is found to be thriving in the appropriate, clean, safe and loving foster home. All evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: August 23, 2023, Case #: 12-23-00093-CV, Categories: evidence, family Law, guardianship
J. Pirtle finds the county court properly overruled the mother’s counter-complaint for modification of the father’s sole custody order and removal of the children from the jurisdiction. Despite changes in the parents’ residences and living environments, it cannot be said that the trial court would have granted physical custody to the mother had it been aware. At the time of the original decree, the court found the mother not credible, her reasons for moving to be selfish and not in the children's best interest. A removal analysis is unnecessary. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: August 22, 2023, Case #: A-22-783, Categories: evidence, family Law, guardianship
J. Moore finds the juvenile court properly granted custody of the children to the state, adjudicating them as lacking in proper parental care and being at risk for harm after officers observed the home in an unwholesome condition. The mother was provided with reasonable efforts to keep the children in her home prior to removal. Sufficient evidence demonstrates the children were at risk for harm. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 22, 2023, Case #: A-23-079, Categories: evidence, family Law, guardianship
J. Johnson finds the trial court properly granted the foster parents’ motion to strike the uncle’s petition to modify custody, seeking custody himself after the children were removed from their mother and had been placed with the foster family who wanted to adopt them. Though the uncle testified that the foster family is Caucasian, and therefore “cannot show [the Black children] how to be Black Americans,” he has not shown that he has standing and has failed to meet his burden to show that “the child[ren]’s present circumstances would significantly impair [their] physical health or emotional development[.]” Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 17, 2023, Case #: 09-22-00411-CV, Categories: evidence, family Law, guardianship
[Consolidated.] J. Pirtle finds the county court sitting as juvenile court properly terminated the father’s parental rights due to his homelessness and the children’s living in dirty conditions with their grandparents without him present. Evidence shows that there is a loving attachment between the children and father, but also that the attachment is unhealthy and harmful due to the father’s mental health issues. Despite efforts of caseworkers and therapists, the father shows that he is unwilling or unable to repair the relationships and establish a safe and stable environment. All evidence supports the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: August 15, 2023, Case #: A-22-907, Categories: evidence, family Law, guardianship
J. Riedmann finds the juvenile court properly terminated a father’s parental rights to his son. After a domestic violence incident between the parents, the mother’s parental rights were terminated and the father was ordered to engage in various programs. The state filed a motion to terminate because the father had failed to reunify with another child already under the court’s jurisdiction, had failed to participate in a domestic violence course, failed to maintain contact with caseworkers, failed to undergo a psychological evaluation, failed to maintain a legal source of income, failed to undergo drug testing, failed to complete paperwork, and failed to participate in visitation. The child has been in out-of-home placement for 15 months, and all evidence and record support the best-interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 8, 2023, Case #: A-23-035, Categories: evidence, family Law, guardianship
J. Welch finds the juvenile court properly terminated the father’s parental rights to his three minor children. The children were removed based upon allegations of domestic violence and substance use by the parents. Termination proceedings were begun after the father failed to correct conditions or to complete family support services, supervised visitations, drug testing, batterer’s intervention, personal therapy and parenting classes. All evidence supports the best-interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 27, 2023, Case #: A-22-862, Categories: evidence, family Law, guardianship
J. Theofanis finds the trial court properly ruled to terminate the parental rights of a mother to her children. The evidence used provided background into the mother’s history of drug use and domestic violence. Based on the record, it can be concluded that the evidence is legally and factually sufficient to show that she endangered her children's well-being. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: June 13, 2023, Case #: 03-23-00089-CV, Categories: evidence, family Law, guardianship
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. 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