345 results for 'cat:"Civil Procedure" AND cat:"Family Law"'.
[Consolidated.] J. Edwards finds that the lower court improperly entered a child-support order against the mother in these consolidated dependency cases. The record does not show how the lower court calculated the mother's child-support obligation, so that issue must be remanded. The lower court did not err, however, by awarding "sole legal and sole physical custody to the maternal grandmother." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: January 5, 2024, Case #: CL-2023-0157, Categories: civil Procedure, family Law
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Per curiam, the Texas Supreme Court finds the court of appeals improperly ruled against a mother who sought to appeal a lower court's ruling terminating her parental rights to her child. The mother's actions indicate that she attempted to fully exhaust her right to appeal the ruling. However, due to a recording error with the courts, the court of appeals deprived her of that right. Because the mother properly followed court procedures, she is entitled to have the merits of her appeal considered by the court of appeals. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: 23-0589, Categories: civil Procedure, family Law
J. Stewart finds the court of appeals erroneously applied an abuse of discretion standard to the juvenile court's decision to terminate the parental rights of both parents. The nature of such a decision, based on clear and convincing evidence, requires the application of a sufficiency of the evidence standard. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: December 27, 2023, Case #: 2023-Ohio-4703, Categories: civil Procedure, Evidence, family Law
J. Pedersen finds that the lower court properly denied the appellant's request for enforcement of the property division in a divorce decree, in which he specifically sought the conveyance of certain real property after the appellee allegedly failed to build a home there. Contrary to the appellant's argument on appeal, the build provision in the divorce decree is not ambiguous. Also, any conflict regarding "whether the decree conveys to appellee a fee simple absolute in the land or a fee simple determinable" is immaterial to the order denying his requested relief. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 22, 2023, Case #: 05-22-00137-CV, Categories: civil Procedure, family Law, Real Estate
J. Garry finds that the lower court improperly denied a husband's request to vacate custodial provisions contained in two stipulations of settlement and the judgment of divorce. The husband failed to support claims contending the wife's attorney and/or the judge coerced him to accept stipulations, but vacatur requests should not have been denied on procedural grounds; rather, the court should have entertained allowing the husband to correct any errors. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: December 21, 2023, Case #: 535607, Categories: civil Procedure, family Law
J. Stephens finds that the trial court should not have denied a husband's petition for revocation of the acknowledgments of paternity to his wife's children. The husband's right to rescind his acknowledgments has not expired since it is imprescriptible by nature. In this case, the father did not adopt the children, and if he can show that he is not the father of the children, his right to annul his acknowledgment of paternity has not been perempted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: December 20, 2023, Case #: 55,358-CA, Categories: civil Procedure, family Law
J. Gray finds that the lower court properly issued a divorce decree in a divorce dispute. The former husband takes issue with the fact that the decree was issued by a successor judge after the judge who carried out the trial retired. He says the new judge violated his due process rights by making findings without a "formal certification," but the former husband waived those related rights during trial. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: December 12, 2023, Case #: S-23-0130, Categories: civil Procedure, family Law
J. Nivison grants, in part, an ex-wife's motion for partial summary judgment pertaining to her former husband's res judicata defense to her personal injury claim. The parties' divorce decree did not decide issues related to her injury claim.
Court: USDC Maine, Judge: Nivison, Filed On: December 11, 2023, Case #: 2:20cv452, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, family Law, Tort
Per curiam, the court of civil appeals finds that the lower court properly denied the mother's petition to modify custody. The lower court determined that she had failed to meet her burden to modify custody as established in Ex parte McLendon. On appeal, the mother argues that the standard should not apply in this dependency case. However, the court lacks the authority to create exceptions to the application of the McLendon standard, as the state's supreme court is "the only court able to create them." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 8, 2023, Case #: CL-2023-0336, Categories: civil Procedure, family Law
J. Wiseman finds the district court properly denied the funeral home's motion requesting a finding the decedent was estranged from his wife at the time of his death. The Oklahoma Funeral Board found the decedent's wife, and not his mother, had the right to control the disposition of the cremains after they were given to the mother, and assessed costs and fees against the funeral home. The court properly found that the funeral home lacked standing to seek a finding of estrangement. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: December 6, 2023, Case #: 119971, Categories: civil Procedure, family Law, Property
[Consolidated.] J. Edwards finds that the lower court improperly terminated the parental rights of the mother and the father to two of the four children at issue in these appeals. The evidence does not show that "adoption is a likely or foreseeable outcome" for the two children, who are both considered to have special needs. Also, two of the mother's appeals are dismissed based on a lack of jurisdiction, as the judgments are not final judgments. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: December 1, 2023, Case #: CL-2023-0033, Categories: civil Procedure, family Law
Per curiam, the court of civil appeals finds that the lower court improperly modified the father's visitation schedule with the children. The lower court exceeded its discretion in awarding the father graduated visitation "based entirely on speculation as to future circumstances." Instead, the schedule should be based on current circumstances. The rest of the judgment is due to be affirmed, however, including the finding of contempt against the mother. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 1, 2023, Case #: CL-2022-1025, Categories: civil Procedure, Contempt, family Law
J. Wolfe finds that the trial court erred in awarding the father shared custody of the child after it proceeded with the custody hearing despite the mother's absence. The mother is entitled to a new trial so that allegations of abuse by the father can be considered as it relates to an "informed decision" regarding the best interest of the child. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: November 27, 2023, Case #: 2023CU0089, Categories: civil Procedure, family Law