448 results for 'cat:"Evidence" AND cat:"Family Law"'.
J. Williams finds that the lower court properly terminated the parental rights of the mother to her daughter. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's findings. The mother tested positive for methamphetamine and admitted to drinking alcohol, despite a requirement that she "remain alcohol-free during the pendency of the case." She also failed to attend her parenting classes. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: March 7, 2024, Case #: 11-23-00233-CV, Categories: evidence, family Law
J. Chase finds that the trial court properly terminated a mother's parental rights to her child. In this case, the record shows that the mother abandoned her child based on non-support and failure to substantially comply with the case plan, including finding a suitable place to live. Further, the child is in a stable foster home where she is not experiencing the difficulties she encountered while with her mother, including homelessness, missing school, and malnutrition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 6, 2024, Case #: 2024-CA-0004, Categories: evidence, family Law
J. Smith finds the lower court properly granted legal custody of the mother's children to their maternal grandfather. Although the mother cares deeply about the children, she refuses to correct a drug addiction problem and could not provide a safe home environment, while the grandfather has ensured the children attend school regularly and obtain necessary medical treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 6, 2024, Case #: 2024-Ohio-878, Categories: evidence, 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. Epley finds the lower court properly denied the father's motion to hold the mother in contempt. Although there were at least 16 days of missed parenting time, these days occurred after the child started kindergarten, which was noted as the expiration of the father's parenting time in the parties' shared parenting agreement. Additionally, the father's failure to answer several FaceTime calls was the only reason he missed the court-ordered communications, and because the majority of the child's absences from school were excused, there was no change in circumstances that warranted an alteration of the parenting agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 1, 2024, Case #: 2024-Ohio-755, Categories: Contempt, evidence, family Law
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J. Smith finds that the trial court properly ruled to appoint a father as the managing conservator of the child he shares with his former wife. While specific elements of the trial court’s decision to place the child in their father's care was unsupported by certain factors, the overall evidence suggests that it is in the child’s best interest to be with their father. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 29, 2024, Case #: 03-22-00090-CV, Categories: evidence, family Law, Guardianship
J. Jamison finds the lower court properly granted family services' motion for permanent custody of the child. The mother's prolonged stay in Utah showed a lack of commitment, while her aggressive and threatening behavior toward the child, which included telling her she would "beat her ass," prevented her from providing a safe and stable home. Affirmed.
Court: Ohio Court Of Appeals, Judge: Jamison, Filed On: February 29, 2024, Case #: 2024-Ohio-741, Categories: evidence, family Law
J. Gray finds that the mother's parental rights were properly terminated based on sufficient evidence that she constructively abandoned the child. The mother missed the majority of her allowed weekly visits with the child and in one instance said she could not make a visit because she "was in Dallas working on her rap career." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: February 29, 2024, Case #: 10-23-00288-CV, Categories: evidence, family Law
J. Thompson finds that the trial court properly granted joint custody of the parties' child with the mother the designated domiciliary parent. In this case, the parties were living in Miami when the father took the child to Louisiana without telling the mother, who is from Venezuela, and started divorce proceedings. Further, the child is in a bilingual school in Miami, and the maternal grandmother has moved in with the mother to help care for the child while the mother is at work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,654-CA, Categories: evidence, family Law
J. Marcotte finds that the trial court properly denied a mother's request to relocate the parties' child and awarded joint custody with the father named as domiciliary parent. The mother has not shown that it is in the child's best interest to move to Kansas, and the father was able to provide a permanent stable home in the city that the child has always resided in. Also, there was evidence of the mother's unwillingness to communicate with the father in the past regarding visitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: February 28, 2024, Case #: 55,653-CA, Categories: evidence, family Law
J. Pitman finds that the district court properly granted a stepfather's motion to adopt his stepchild. The Fifth Circuit Judicial District Court had jurisdiction over the matter because when the stepfather filed his petition for adoption, there was no ongoing or pending litigation in the Fourth Circuit Judicial District Court that would have given it the exclusive authority to hear and adjudicate the petition for adoption. In this case, the biological father's consent was not required because he did not pay child support without just cause for a period exceeding six months, and did not visit, communicate or attempt to communicate with the child for a period of over six months. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: February 28, 2024, Case #: 55,622-JAC, Categories: evidence, family Law, Jurisdiction
J. Abramson finds the county court properly terminated the mother's parental rights to her child. The department filed a petition for emergency custody after treating physicians reported the mother's explanation for the child's broken femur and skull fracture was not plausible. The department also notes the mother suffers from delayed processing, and the putative father is bipolar and schizophrenic. After removal, the mother did not complete parenting or domestic-violence classes, and a caseworker testified she did not have the capacity to care for the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 28, 2024, Case #: CV-23-643, Categories: evidence, family Law, Guardianship
J. Moore finds the county court properly modified the divorce decree. Though the parties had originally agreed to a joint custody arrangement, the father sought modification alleging several changes in circumstance, including the mother's increased income and her allegedly ignoring certain joint custody obligations. The mother was given final medical and dental decision-making when the parties could not agree after reasonable discussion. After giving appropriate consideration to all testimony, the lower court properly found the father did not meet his burden to prove a change in circumstance warranting modification of custody. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-366, Categories: evidence, family Law, Guardianship
J. Greene finds that the trial court properly calculated the father's child support obligation and that the mother is owed additional attorney fees for this appeal. The father did not show that the evidence relied upon for the calculation was incomplete, and there was sufficient evidence to support the findings regarding the parties' incomes. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 23, 2024, Case #: 2023CU1050, Categories: evidence, family Law, Attorney Fees
J. Alvord finds the lower court improperly denied the husband's motion for a reduction in child support payments because testimony from a private investigator was sufficient to establish the couple's older child had moved in with the husband and was no longer under the care of the wife, who had moved to Tennessee. Meanwhile, the court also misinterpreted language in the parties' separation agreement when it informed the husband his alimony payments could not be modified or removed. Therefore, the case must be remanded to allow for calculation of spousal support payments based on a proper reading of the agreement and the cohabitation of the husband and child. Reversed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: February 23, 2024, Case #: AC46050, Categories: evidence, family Law
J. Westbrook finds the lower court properly used the wife's 2020 earnings to calculate alimony and child support payments to the husband. There was insufficient evidence from 2021 and 2022, while the husband's claim of an intentional reduction of income was not supported by evidence in the record, including the Covid-19 pandemic and an increase in the number of partners at the wife's company. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 23, 2024, Case #: AC45727, Categories: evidence, family Law
[Consolidated.] J. Lobrano finds that the juvenile court properly denied parents' motion to order the Department of Children and Family Service to change the placement of their son from his foster parents to their chosen relatives. In this case, the foster parents have adopted the son's siblings, and, according to his case worker, the son is thriving in his placement. Further, the juvenile court does not have the authority to order the placement of the son with the parents' choice of relatives. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: February 23, 2024, Case #: 2023-CA-0744, Categories: evidence, family Law, Juvenile Law
J. Schlegel finds that the trial court properly granted a mother sole custody of the parties' children under the Post-Separation Family Violence Relief Act. In this case, the evidence of the father strangling the mother was properly admitted because the abusive behavior did not end after the consent judgments, and the evidence was related to the history of parental conflict between the parties. Further, the history of abusive behavior was required to determine the best interests of the children. Also, the trial court properly awarded use of the family home to the mother because the father has steady income, while the mother does not and is the primary caregiver of the parties' four children. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 22, 2024, Case #: 23-CA-470, Categories: evidence, family Law
[Consolidated.] J. Zmuda finds the trial court properly granted permanent custody of both children to family services. Although the grandmother had a strong bond with each child and followed the department's case plan, she had an unstable housing situation and the children had thrived since being placed with their foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: February 22, 2024, Case #: 2024-Ohio-686, Categories: evidence, family Law
J. Williamowksi finds the lower court properly granted permanent custody of the children to family services. Although the father had a bond with the children and clearly loved them, they expressed a desire to remain with their foster family and the father was unable to provide a safe environment as a result of various drug addictions and serious mental health issues, including bipolar disorder and schizophrenia. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-626, Categories: evidence, family Law
J. Huffman finds the lower court properly granted custody of the children to their uncle. Neither parent took responsibility for actions that led to the initial removal of the children, including anger management and drug issues, while they also failed to complete the majority of their case plans, failed numerous drug tests and missed visitations. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: February 16, 2024, Case #: 2024-Ohio-601, Categories: evidence, family Law
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
J. Boyle finds the lower court properly granted permanent custody of the child to family services. Not only is his sibling already in foster care for similar drug exposure issues caused by the mother, but the father is incarcerated and will remain so until at least 2026, which prevents the child from being placed in his care in a reasonable amount of time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: February 15, 2024, Case #: 2024-Ohio-588, Categories: evidence, family Law
J. Brown finds the county court properly terminated the father's parental rights to his three children. The department exercised an emergency hold on the children after an investigation into allegations of the mother's performing sex acts as a prostitute in front of them while living in a motel. The investigation also involved questions of the death of one of the children. The children tested positive for meth and cocaine, and neither parent showed any evidence of stability. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 14, 2024, Case #: CV-23-584, Categories: evidence, family Law, Guardianship
[Consolidated.] J. Winkler finds the lower court properly held jurisdiction over the custody case. Although the children currently reside in New York, they were living in Ohio at the time the alleged abuse and neglect occurred. Meanwhile, the finding by the lower court that the children were abused was supported by overwhelming evidence, including the opinion of three doctors that the deceased child died of homicide and testimony the children were all malnourished and punished in excessive and cruel ways. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: February 14, 2024, Case #: 2024-Ohio-538, Categories: evidence, family Law, Jurisdiction
J. Arterburn finds the juvenile court properly removed the 13-year-old child from her grandmother's care. The child's therapist testified she exhibited trauma and avoidance issues. The child was properly allowed to testify as to the parties' combative relationship outside the grandmother's presence, with the therapist explaining the presence would likely cause the child emotional distress or fear, probably impacting the testimony. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 13, 2024, Case #: A-23-388, Categories: evidence, family Law, Guardianship
J. Waldick finds the lower court properly granted permanent custody of the child to family services. The parents were clearly unable to provide proper care for their son, who was diagnosed with a serious lung disease at birth because of the mother's drug use, as evidenced by the child's oxygen monitor alarming several times during supervised visits. Additionally, each parent failed to complete significant portions of their case plans, the father had never been alone with the child and continued to struggle with anger and abusive language, and the child thrived with his foster family, which renders the court's decision in his best interests. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: February 12, 2024, Case #: 2024-Ohio-517, Categories: evidence, family Law
J. Eklund finds the lower court properly granted the husband's motion to find the wife in contempt. Her failure to timely enroll the child into a treatment program for various mental health issues was a direct violation of the parties' shared parenting agreement and she provided no evidence to the court as to why a delay was necessary. However, even though the mother testified the child was drunk when she picked her up from a social gathering, the lower court erroneously found she allowed the child to engage in underage drinking. There was no evidence to indicate the child drank any alcohol with the mother. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: February 12, 2024, Case #: 2024-Ohio-513, Categories: Contempt, evidence, family Law
[Consolidated.] J. Blunt finds the lower court properly terminated the mother's parental rights and granted permanent custody of the children to family services. The mother failed to comply with several portions of her case plan and was incarcerated for a period of the custody case, while the maternal grandfather was not a suitable option for custody because several of the children feared or disliked him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Blunt, Filed On: February 8, 2024, Case #: 2024-Ohio-446, Categories: evidence, family Law
J. Ryan finds the trial court properly granted permanent custody of the twins to family services. Both the mother and father failed to complete parenting and substance abuse classes that were part of their case plans, while the children were thriving with their foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: February 8, 2024, Case #: 2024-Ohio-453, Categories: evidence, family Law