2,522 results for 'cat:"Family Law"'.
J. Wood finds that the trial court improperly ruled in this child custody complaint because the record does not support the decision that the child's best interests are served by awarding the mother sole custody. Reversed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 7, 2024, Case #: COA23-700, Categories: family Law
J. Hampson finds that the trial court properly ceased a paternal grandmother's efforts to reunify with her grandchildren following their removal from her care for suspected sexual abuse by the father because evidence indicates the decision served the best interests of the children. Affirmed.
Court: North Carolina Court of Appeals, Judge: Hampson, Filed On: May 7, 2024, Case #: COA23-853, Categories: family Law
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J. Menetrez finds that the trial court properly terminated a mother's parental rights without an inquiry into the native heritage of extended family members. She and the child's father denied any Indian ancestry and the child was taken into custody on a protective custody warrant after the mother was arrested for battery and DUI. Statute requires an expanded duty of inquiry only if a child is placed into temporary custody without a warrant. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: May 7, 2024, Case #: E082401, Categories: family Law, Native Americans
J. Boatright finds the lower court erroneously determined it held jurisdiction over the couple's divorce case. Although the husband owns several pieces of real estate in Colorado, he lives in Nebraska and has never moved to this state; therefore, he is "domiciled" in Nebraska under Colorado law and the lower court should have granted his motion to dismiss. Reversed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: May 6, 2024, Case #: 2024CO24, Categories: family Law, Jurisdiction
J. Powell finds the lower court properly granted permanent custody of the children to family services. Although one of the children expressed a desire to be reunited with his siblings, the father's incarceration and mother's abandonment of the children for a year during the custody case prevented them from providing a safe and stable home for the children. The mother also refused to complete large portions of her case plan and continued her relationship with the father, despite his social and mental health issues and continued abuse of cocaine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: May 6, 2024, Case #: 2024-Ohio-1732, Categories: Evidence, family Law
J. Segal finds that the juvenile court properly declared a mother's son a dependent child of the court and ordered his removal after finding that the evidence showed her substance abuse put the child at a substantial risk of serious physical harm. The removal was also supported by her refusal to cooperate with the family services department, and by her absconding with the child for two years, which put the child at risk and made department oversight impossible. Affirmed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: May 6, 2024, Case #: B318672, Categories: family Law
Per curiam, the appellate division finds that the lower court properly terminated a father's parental rights based on evidence that the father failed to prepare for the child's return and failed to address his dangerous delusional thinking. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CAF 23-00038, Categories: family Law
J. Gibbons finds the district court properly divided property, calculated alimony and allowed the attorney's lien for fees in this divorce decree. The ex-wife filed for divorce after the ex-husband, she alleges, lost all community assets trading futures. The wife abandoned her marital waste claim, seeking to enforce an oral agreement that she receive the husband's interest in the residence. The court correctly allowed for the lien due to the wife's pursuit of the frivolous marital waste claim. Affirmed in part.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: May 3, 2024, Case #: 84255-COA, Categories: family Law, Property
J. Robie finds that the juvenile court must conduct further proceedings to comply with the inquiry requirements of the Indian Child Welfare Act before deciding on a mother's bid for reunification and whether to terminate a father's visitation rights. Also, juvenile court findings must reflect a meaningful consideration of Act compliance and application, human service agencies must remain diligent, and parents' counsel must raise claims of inadequate inquiry in the juvenile court. Vacated.
Court: California Courts Of Appeal, Judge: Robie, Filed On: May 3, 2024, Case #: C099704, Categories: family Law, Native Americans
[Consolidated.] J. Atkins finds that the trial court properly denied a mother's motion to relocate from Louisiana to Florida. In this case, the mother does not show that relocation was in the children's best interest because she provided no support for her claims that Jacksonville would be better for the parties' daughters and did not provide any evidence about how the daughters felt about the move. Further, the trial court properly found the mother in contempt for failing to bring the children for a visit from Jacksonville to New Orleans during Mardi Gras. The mother alleged that she could not bring them for financial reasons but also contended that the move to Jacksonville was beneficial due to her increased salary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: May 3, 2024, Case #: 2023-CA-0463, Categories: Evidence, family Law
J. Eckerle finds that grandparents were properly denied requests to bring motions for child support, discovery, and permanent custody during the period that their temporary custody was in effect because the motions were not ripe for consideration until permanent placement of their grandchild had been established. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: May 3, 2024, Case #: 2023-CA-0941-ME, Categories: Civil Procedure, family Law, Discovery
J. Waples finds the lower court improperly approved the magistrate’s order telling a mother to repay a father child support, which is in arrears, in this case originally begun in Canada. The magistrate had discretion when using a different currency-exchange method to calculate the amount in arrears, but improperly ordered the mother to pay the father for overpayments due to the recalculations. Therefore, the magistrate had discretion to use a different method, but the mother should not repay the father $11,892. Affirmed in part. Reversed in part. Vacated.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 3, 2024, Case #: 23-AP-254, Categories: family Law, Settlements
J. Clark finds the lower court properly granted the adopted descendants' motion for summary judgment on claims filed by the blood relative of the trust's founder. Although one of the descendants had been adopted as an adult, the original trust decree was not a distribution of assets that would have precluded payments to adopted children. Additionally, although the will and trust were executed prior to a 1991 Connecticut law amendment that presumptively included adopted children as beneficiaries, there is no language in the will that indicates the decedent intended to exclude any adopted children or grandchildren. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: May 3, 2024, Case #: AC46257, Categories: Civil Procedure, family Law, Wills / Probate
J. Mayle grants the common pleas court judge's motion for summary judgment, ruling that although there is a question of fact regarding the child's home state, the judge does not patently lack jurisdiction over the stepparent's petition for adoption, which precludes the stepparent from prevailing on her petition for a writ of prohibition.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1708, Categories: family Law, Judiciary, Jurisdiction
J. Mackey finds that the lower court properly held that an incarcerated father's consent was not needed for the adoption of his son by the boy's mother and her new husband since the father indicated his intent to forgo parental rights by failing to contact the boy for more than six years. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: May 2, 2024, Case #: 536102, Categories: family Law
J. Garry finds that the lower court properly modified a shared parenting order to award sole legal and physical custody to the father because repeated unfounded claims that the father sexually abused the child subjected the girl to intrusive exams over several years, and the mother demonstrated lack of fitness to act as custodial parent by otherwise interfering with the father-daughter relationship. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 2, 2024, Case #: CV-23-0081, Categories: family Law
J. Oliver finds that the trial court properly terminated a father's parental rights, and he failed to show the ruling was because counsel had been ineffective. He never provided a home for his daughter or had custody prior to her mother's death, and he did not follow court orders to develop a relationship with her. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20230486-CA, Categories: family Law
[Consolidated.] J. Beam finds the lower court erroneously terminated family services' custody of the child and dismissed it from the custody case without a hearing. The relief awarded to the petitioners was permanent in nature and required more than the in-chambers "discussion" conducted by the court; therefore, the department will be reinstated and the case remanded for a proper hearing. Reversed.
Court: Mississippi Supreme Court, Judge: Beam, Filed On: May 2, 2024, Case #: 2023-IA-813, Categories: Civil Procedure, family Law
[Consolidated.] J. Lynch finds that the lower court properly found a child to be neglected due to her mother's drug use during pregnancy, and permanently placed the child with her paternal grandparents, who were caring for the mother's four older children at the time, as the child tested positive for opioids at birth and the mother admitted she used drugs. The child's best interests would be served by staying with her grandparents since social workers had lost contact with the mother and the child had lived with her grandparents since birth. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 2, 2024, Case #: 535992, Categories: family Law
J. Clark finds that the lower court improperly reduced a mother's time with her two children due to her failure to keep her father away from the older child after he was accused of a sexual offense because drastically reducing her parenting time would not serve the best interests of her children, despite her failure to appreciate the risk posed by her father. A new hearing is necessary to set an appropriate parenting schedule. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 2, 2024, Case #: CV-22-2221, Categories: family Law