255 results for 'cat:"Family Law" AND cat:"Guardianship"'.
J. Neeley finds the county court properly terminated the parents' rights to their children. Protective services received reports of unsafe conditions at the family's camper, including lack of food, lack of running water, lack of power to the refrigerator, possible drug use and domestic violence. An investigator confirmed all of this, along with the children's severe hygiene and medical issues, after a home visit. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: February 7, 2024, Case #: 12-23-00258-CV, Categories: Evidence, family Law, guardianship
J. Riedmann finds the county court improperly dismissed the biological father’s application to set aside the stepparent adoption. The mother claimed the father had abandoned the child and that she did not need his permission for the adoption, and the father asked the matter be set for hearing. The court found the application to sound in equity and that it lacked jurisdiction. Furthermore, the court said the hearing was to determine whether the application should be heard, then ruled an evidentiary hearing should be held. The court did not decide the merits, which remain pending. Reversed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 6, 2024, Case #: A-23-429, Categories: family Law, Due Process, guardianship
[Consolidated] J. Pirtle finds the county court properly terminated the mother's parental rights to her two children. The mother has an extensive history with alcohol abuse, including having been in DUI accidents with her children in the vehicle. She also has cognitive impairment from having been kicked in the head by a horse. The mother has demonstrated she is unable to mitigate the effects of her traumatic brain injury, cease from behaving erratically and address her substance abuse problems. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: February 6, 2024, Case #: A-22-684 , Categories: family Law, Health Care, guardianship
J. Herndon finds the county court properly dismissed this child custody complaint. The child was born in the Philippines to a Filipino mother and an American father. The father sought custody in the U.S. after the parents' relationship dissolved. Though the father has presented evidence the child has spent time in the U.S., her home state under the Uniform Child Custody Jurisdiction and Enforcement Act was properly found to be the Philippines. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 86347, Categories: family Law, International Law, guardianship
J. Hixson finds the county court properly terminated the father's parental rights to his minor son. After the child was removed from the mother, the putative father was identified as the same individual previously found in a hotel room with the mother and child during an investigation that yielded boxes of stolen property, meth and drug paraphernalia, all found to be accessible to the child. The child was also treated for burn injuries, the father's explanation for which was inconsistent with the injuries themselves. Ample evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 31, 2024, Case #: CV-23-578, Categories: Evidence, family Law, guardianship
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J. Moore finds the county court properly denied the mother's request to relocate the child shared with her ex-husband. Though the mother had originally been given primary custody, this was modified to joint custody after the mother moved with the child out of state with her new husband. Though the county court incorrectly found that there was no legitimate reason for the move, being the mother's new husband had found a higher-paying job, the mother failed to show the move was in the best interest of the child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 30, 2024, Case #: A-23-257, Categories: family Law, Due Process, guardianship
J. Hiraoka finds a lower court improperly denied a pair of children’s guardian from removing the children’s birth parents from their custody proceedings. A statute stating “all parents” must be summoned in a custody case does not apply to parents who have already had parental rights revoked by the plain language of the statute. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: January 26, 2024, Case #: CAAP-22-719, Categories: family Law, guardianship
J. Papik finds the county court properly denied the stepfather's petition for adoption. Though the child's biological father was divorced from the mother and had been incarcerated for several years for murder, he had remained current on his child support payments and made consistent efforts to maintain a relationship with his daughter. The father did not abandon his daughter legally, and any adoption will require his consent. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: January 26, 2024, Case #: S-22-919, Categories: family Law, guardianship
J. Johnson finds the county court properly terminated the mother's parental rights to her two children. An affidavit filed by the department of protective services says it received a report of neglectful supervision, that the mother and children were homeless, and the mother had abused marijuana, meth and other drugs. The mother's behavior was also described as “erratic, unstable, emotional, tearful, and depressed.” Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 25, 2024, Case #: 09-23-00303-CV, Categories: Evidence, family Law, guardianship
J. Marconi reverses in part an order preventing a child’s maternal grandmother, who is the child’s guardian, from testifying, at the father’s parole or any similar hearing, against releasing the child’s father from prison. The circuit court exceeded its authority in prohibiting the child’s guardian from speaking at his father’s parole hearing. Reversed.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: January 24, 2024, Case #: 2022-0664, Categories: family Law, guardianship
J. Barrett finds the circuit court properly terminated the mother's parental rights to her three children. All evidence, including verified incidents of domestic violence and child abuse involving severe burns, as well as drug use, supports termination. Though the mother says the children's placement with their grandmother would make termination unnecessary, her arguments as to this alternative placement were not raised at trial. The court properly found adoption to be the best permanency goal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: CV-23-503, Categories: Evidence, family Law, guardianship
J. Bishop finds the juvenile court properly terminated the father's parental right to his two children. He has substantially and continuously neglected and refused to give the children necessary parental care and protection, or make reasonable efforts to preserve and reunify the family. He has also failed to correct conditions involving his living circumstance, employment and drug issues. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 23, 2024, Case #: A-23-467, Categories: Evidence, family Law, guardianship
J. Moore finds the juvenile court properly terminated the mother's parental rights to her two children. The children were originally removed after the mother was found intoxicated on a city bus and placed into a detox facility. There were also reports the mother had abused the children and left them unsupervised at a homeless shelter. Clear and convincing evidence shows the mother is unfit and that termination is in the children’s best interests. The termination also accords with all factors of state and federal Indian child welfare acts. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-23-377, Categories: family Law, Native Americans, guardianship
J. Stiglich finds the district court improperly terminated the father's parental rights to his minor child. Although it was reported he had abused his daughter, the abuse was never substantiated. During his incarceration on drug charges and after his release, the father has made progress with all aspects of his case plan and personal recovery. He has maintained consistent employment as a tattoo artist, and is financially capable of caring for his daughter, with whom he shares a significant connection. The district court did not address all necessary statutory considerations. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: January 22, 2024, Case #: 83605, Categories: family Law, guardianship
J. Abramson finds the circuit court properly terminated the mother's parental rights to her minor child. The department of health and human services filed a petition for dependency-neglect and emergency custody after the child reported her parents were using drugs. Though the mother refused testing, the father and child tested positive for meth, and residue of the drug was found in the home. The mother, who was unemployed and did not maintain adequate housing, failed to complete drug-and-alcohol assessments, counseling or parenting classes. Furthermore, counsel has filed a no-merit brief and his request to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 17, 2024, Case #: CV-23-338, Categories: Evidence, family Law, guardianship
J. Virden finds the circuit court properly terminated the parent's parental rights to their infant children. Following removal of the children, the mother was incarcerated, and both parents failed to undergo treatment, tested positive for drugs, and failed to complete anger management or parenting classes. Both had violated a no-contact order and were charged with public intoxication, as well as disorderly conduct and resisting arrest. Furthermore, both parents attended only two of nine child visitations, leaving early each time. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: January 17, 2024, Case #: CV-23-382, Categories: Evidence, family Law, guardianship
J. Gladwin finds the circuit court properly terminated the mother's parental rights to her child. The child was taken into custody after testing positive for meth and THC at birth. Though the mother was partially compliant with the reunification plan, her failure of certain drug tests resulted in the termination of reunification efforts. The mother cannot show the court improperly denied her request for a continuance. Furthermore, counsel has filed a no-merit brief and his motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CV-23-355, Categories: Evidence, family Law, guardianship
J. Virden finds the circuit court properly terminated the mother's parental rights to her five children. The department filed a petition for emergency custody and dependency-neglect based on inadequate supervision, food, clothing, shelter and/or medical or mental healthcare, failure to protect a child from serious physical injury, and maltreatment. One child drowned while being cared for by a 13-year-old developmentally delayed child. The mother's boyfriend was also found to have abused the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 17, 2024, Case #: CV-23-507, Categories: Evidence, family Law, guardianship
J. Bishop finds the trial court properly modified the custody order granting the parents joint physical custody of their son, with equal parenting time. The mother's claims of harmful conduct by the father were unfounded, while the child admitted to lying about being abused and record evidence shows the child's behavior improved after equal parenting time was awarded. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 16, 2024, Case #: A-23-111, Categories: Evidence, family Law, guardianship
J. Welch finds the county court, sitting as juvenile court, properly terminated the father's parental rights to his two sons. After the children were removed from the mother's home and placed in state custody, the father, who had been incarcerated, moved to intervene. He then failed to adequately make progress on his case plan goals and recommendations to provide permanency. The record also shows he did not have a beneficial relationship with the children at the time of the termination hearing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 16, 2024, Case #: A-23-410, Categories: Evidence, family Law, guardianship
J. Byrne finds that the trial court properly ruled to appoint the relatives of three children as their managing conservators and appoint the children's parents as possessory conservators. The evidence supports the jury's decision that appointing the parents as managing conservators would harm the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: January 11, 2024, Case #: 03-23-00432-CV, Categories: family Law, guardianship
J. Klappenbach finds the circuit court properly terminated the parents' rights to their daughter based on sufficient evidence. The mom had posted a video on Facebook Live showing herself driving and smoking marijuana with her sister, with the child improperly in the car seat. The mother also said the child was high. A child abuse hotline report had also been made alleging drug use, heavy drinking and domestic violence around the child. Furthermore, the father had not been taking his bipolar disorder medication upon the removal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: January 10, 2024, Case #: CV-23-479, Categories: Evidence, family Law, guardianship
J. Arterburn finds the juvenile court properly entered an order for the removal of the daughter, who tested positive for meth and codeine immediately after her birth. After the daughter was returned to her mother following a year in foster care, the mother sought childcare with the previous foster parents. The mother's contact with the foster parents gradually decreased until the foster parents were the primary caregivers by the time the child was 6 years old. The mother's failure to maintain contact negatively impacted the child's mental health, and the court properly found her to be at risk of harm due to the mother's faults and habits. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 9, 2024, Case #: A-23-460, Categories: Evidence, family Law, guardianship
J. Pirtle finds the lower court properly terminated the mother's parental rights to her three children. The children were removed after the mother was accused of abuse by her husband's child. Two of her children, including one diagnosed with brittle bone disease, expressed fear of their mother, indicating that they did not want to see her. Another child indicated that he was terrified of his mother and that his brother got physically ill when she was spoken-of. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 9, 2024, Case #: A-23-531, Categories: Evidence, family Law, guardianship
J. Mitchell finds the county court properly terminated the mother's parental rights to her two children. After removal, the mother did not correct her issues with substance abuse and neglect, or the lack of a safe and stable home. The children had been in foster care for six months before termination, and there had been significant erosion in the relationships due to the prolonged absence. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 120893, Categories: Evidence, family Law, guardianship