2,515 results for 'cat:"Family Law"'.
J. Nowell finds that the lower court improperly divided the marital property and "ordered neither party to pay child support" in this divorce proceeding. The record does not contain sufficient evidence of the parents' finances to show that the child support ruling "was in the best interests of the children." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: May 2, 2024, Case #: 05-23-00505-CV, Categories: family Law, Property
J. Pritzker finds that a mother's appeal from an order to vaccinate one of her five children against Covid-19 should be dismissed as moot. All the children were temporarily removed from her custody at one point, and vaccination had been sought for the middle child so he could remain in a residential facility due to his autism and related behavior. The vaccination occurred and the children were returned to the mother's care, and thus no controversy remains.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 2, 2024, Case #: 535362, Categories: Civil Procedure, family Law
J. Fisher finds that the lower court properly terminated a mother's parental rights for permanent neglect of her four children. After the children were removed from her care, the mother failed to take full advantage of programs and services directed toward mental health and chemical dependency issues, and she made little effort to reunite with them. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 2, 2024, Case #: 535706, Categories: family Law
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J. Egan finds that the lower court properly terminated a father's parental rights for abandoning his two children because both children had been placed in the care of their paternal aunt soon after birth, and the father made little effort during his subsequent incarceration to communicate with them. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 2, 2024, Case #: CV-23-0861, Categories: family Law
J. Johnson finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the findings as to endangerment and the children's best interest. This includes the father's lack of financial support, history of drug use, and his "multiple criminal convictions and multiple periods of incarceration." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 10-23-00364-CV, Categories: Evidence, family Law
J. Golemon finds the trial court properly entered the property division enforcement order in this post-divorce proceeding. The ex-husband challenges the order requiring him to vacate the marital residence and ordering the receiver to sell the property and split the proceeds. A trial court that has rendered a final decree of divorce has the power to enforce the property division and to render clarifying orders to enforce compliance. Because no one appealed the enforcement order, the appeals court may not consider the ex-husband's arguments. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 2, 2024, Case #: 09-22-00312-CV, Categories: family Law, Property
J. Suarez finds the failure by the mother's attorney to object to family services' amendment request immediately before the close of the trial concerning her parental rights did not constitute ineffective assistance. Such requests are allowable under the governing procedural guidelines and, in any case, the subject of the amendment request - the mother's failure to comply with a rehabilitation plan - had been fully briefed and discussed during the trial. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: May 2, 2024, Case #: AC46641, Categories: Civil Procedure, Evidence, family Law
J. Scales finds the trial court did not follow proper procedures in entering an order of disposition that required the mother to undergo a mental health evaluation as part of a plan to regain custody of her daughter placed into foster care after being sexually assaulted by the father of the mother's other child. The relevant statutes and procedures required the trial court to give the mother proper notice and specify the time, manner and other details of the mental health evaluation, neither of which occurred. The mother's petition for writ of certiorari is construed as an appeal, and the portion of the court's order requiring the mental health evaluation is overturned without prejudice. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 1, 2024, Case #: 24-0404, Categories: family Law
J. Savoie finds that the lower court improperly terminated the father's parental rights over his child. There is no case plan in the record and the caseworker testified that she never met with the father. Furthermore, it appears the father was never ordered to pay child support so his rights cannot be terminated for failing to pay support. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: May 1, 2024, Case #: JAC-24-46, Categories: family Law
J. Powers finds the trial court properly resolved a dissolution dispute related to property. A husband paid off a mortgage from a “personal” bank account, the property never generated income, and the wife never lived in the house or contributed to it in any manner. Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A176322, Categories: family Law
Per curiam, the Appeals Court finds the trial court erred by denying a wife’s petition to set aside the default judgment in this dissolution case. “The default judgment, rendered without a further hearing or evidence, exceeded the terms alleged by husband.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A178809, Categories: family Law
J. Bock finds the trial court properly awarded the wife equity in the marital residence. Although the husband made financial contributions to the property during the couple's marriage, he financially abandoned her during their separation, which entitled her to the equity award. Meanwhile, the court properly denied the husband's request for spousal support because he was not working to his full earning capacity and failed to provide any evidence he was unable to find full-time employment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: May 1, 2024, Case #: 2024-Ohio-1663, Categories: Evidence, family Law
J. Brown finds the circuit court properly terminated the parents' parental rights to their minor children. The department exercised a hold on the children, filing a petition for dependency-neglect after the incoherent and lethargic father was taken to the hospital for suspected drug use. The mother admitted to being on drugs, though she refused testing, also refusing to allow the department to investigate the state of the home. She admitted to being five months pregnant, though she refused treatment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: May 1, 2024, Case #: CV-24-5, Categories: Evidence, family Law, Guardianship
J. Powers finds the juvenile court properly changed the permanency plan for the father’s child. Record of the child’s trauma and diagnoses “establishes that parenting [the child] requires emotional stability in a calm environment that focuses on [the child’s] specific needs.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A180913, Categories: family Law
Per curiam, the Appeals Court finds the juvenile court properly terminated a mother’s parental rights. The “mother is unfit due to certain conduct and conditions that are seriously detrimental” to her child. Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A182410, Categories: family Law
J. Kyzar finds that the lower court improperly granted the parental rights of the child from the parents to the paternal grandparents. The parents fulfilled every requirement of their case plan, completed parenting classes, learned how to property tube feed the child and attended her medical appointments. Family reunification was the goal until the caseworker deemed that the child had a trauma response to seeing her parents without personally observing such a reaction. Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: May 1, 2024, Case #: JAC-23-768, Categories: family Law
J. Hellman finds the juvenile court erred in taking jurisdiction over a mother’s child. “Evidence was insufficient to permit the juvenile court to find [the child] within its jurisdiction on the basis” of the mother’s mental health. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A182221, Categories: family Law
J. Parker finds that the lower court properly entered an order modifying the parent-child relationship and appointed the father as "sole managing conservator with the exclusive right to determine the residence" of the children. Contrary to the mother's argument, the evidence sufficiently supports the lower court's best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-24-00002-CV, Categories: Evidence, family Law
J. Alley declines to issue a petition for writ of mandamus vacating discovery-related orders in a divorce case. The relator ex-husband, who is a lawyer, argued discovery requests from his lawyer ex-wife could improperly require him to produce “attorney-client and work-product documents,” but the lower court has not yet ruled on privilege issues and, therefore there is “no clear abuse of discretion.”
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 30, 2024, Case #: 08-24-00026-CV, Categories: Civil Procedure, family Law, Discovery
J. Wood finds that the lower court properly ordered the six-year-old child returned to Germany in a suit filed by a German mother under the International Child Abduction Remedies Act. The record supports the finding that the child's residence was in Germany at the time the father refused to return the child after his summer visitation time was over. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 30, 2024, Case #: 23-3407, Categories: family Law, International Law
J. Bradley finds the circuit court properly denied the biological mother's petition to allow her non-marital partner of more than 10 years to legally adopt her child. The circuit court correctly interpreted the relevant Wisconsin law, which, among other things, prohibits the adoption of a child by someone who is not the spouse of the biological parent. Because Wisconsin's adoption statutes do not involve a fundamental right or a protected class under either the U.S. Constitution or Wisconsin Constitution, and because there is a rational basis for the restrictions in the adoption statute, the mother and partner's challenge under the equal protection clause of the 14th Amendment fails. Affirmed.
Court: Wisconsin Supreme Court, Judge: Bradley, Filed On: April 30, 2024, Case #: 2022AP001334, Categories: Constitution, family Law
J. Moore finds the county court properly entered the custody and support order, also properly valuating and dividing property in this marriage dissolution. The divorced couple agreed to the custody and support order, and no reversible error is found in the court’s failure to include a parenting plan and support calculation in the decree. Though the court awarded all property inside the marital home to the wife, this does except certain boxed property of the husband's. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: April 30, 2024, Case #: A-23-496, Categories: family Law, Property, Guardianship
J. Bishop finds the district court properly divided the marital property in this marriage dissolution. The land on which the marital residence and a barn were built was acquired and paid for by the husband before the marriage. Evidence supports the land is nonmarital, although the parties jointly paid a mortgage on the property. Therefore, the wife is entitled to one-half of that marital equity. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 30, 2024, Case #: A-23-249, Categories: family Law, Property, Contract
J. Partida-Kipness conditionally grants the mother's petition for a writ of mandamus, in which she challenges certain orders in the underlying proceeding, granting the child's paternal grandfather "rights of possession and access." The rulings were an abuse of discretion, as the grandfather failed to establish standing to bring suit, due to his affidavit being deficient. Accordingly, the lower court lacked jurisdiction, and the grandfather's petition should be dismissed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 29, 2024, Case #: 05-23-00812-CV, Categories: Civil Procedure, family Law