448 results for 'cat:"Evidence" AND cat:"Family Law"'.
J. Sanchez finds that the trial court properly excluded new testimony from a wife's appraiser about the size of the lot containing the family home in a divorce proceeding. The wife failed to provide documentary evidence to support her contention that the lot was actually larger than the 9,000 square feet described in both her and the husband's appraisal reports, so any new testimony about the lot size would be hearsay. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: February 8, 2024, Case #: G061866, Categories: evidence, family Law
J. Pickett finds that the trial court improperly terminated the father's parental rights to his children. The Department of Children and Family Services did not allow the father "an alternate means of preventing the department from seeking termination of his parental rights" given that he had been incarcerated "during the entire pendency of this litigation." Reversed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: February 7, 2024, Case #: JAC-23-634, Categories: evidence, family Law
J. Klappenbach finds the circuit court properly terminated both parents' rights to their infant daughter. The child was taken into custody after being found underweight, while the parents have admitted to drug use and the home was unfit, cluttered with garbage, and infested with roaches and mice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 7, 2024, Case #: CV-23-534, Categories: evidence, family Law, Guardianship
J. Gruber dismisses the ex-husband's challenge of the circuit court's entering of a temporary order of protection against him. The ex-wife sought the protection order after discovering he was incarcerated for a second assault charge involving his current wife. The husband has threatened to kill his current wife and the ex-wife has testified her children are scared of him. The temporary order is not a final order and is not appealable.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 7, 2024, Case #: CV-22-763, Categories: evidence, family Law, Restraining Order
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Stevens finds that the mother's parental rights to her children were properly terminated based on sufficient evidence to support the statutory ground as to endangering conduct. The mother knowingly used illegal drugs when she was pregnant, did not comply with her service plan and was unable to show she could provide for the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: February 5, 2024, Case #: 06-23-00089-CV, Categories: evidence, family Law
J. Smith finds that the lower court properly increased the father's child support obligation in this suit to modify the parent-child relationship. The evidence sufficiently supported the increase "from $7,250 per month to $12,000 per month," and the lower court did not order the father to pay the full amount requested by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 2, 2024, Case #: 05-22-00333-CV, Categories: evidence, family Law
J. Flynn finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. Although she showed significant interest in the child and made nearly all of her visitation appointments, she failed to remedy the primary cause of the child's initial removal, an abusive relationship with her boyfriend, and, therefore, could not provide a safe and stable home for the child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Flynn, Filed On: February 1, 2024, Case #: AC46676, Categories: evidence, family Law
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court properly awarded custody of the children to the mother and awarded the father supervised visitation. The lower court had jurisdiction to enter its dependency judgments, and the father fails to argue on appeal that the evidence is insufficient to support "the implicit dependency determination." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CL-2023-0286, Categories: evidence, family Law, Jurisdiction
J. Parker finds that the lower court properly terminated the father's parental rights to the child, though it modifies the judgment as to subsection (D). The evidence does not support termination under that particular subsection, regarding "the suitability of the child's living conditions." Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: January 31, 2024, Case #: 07-23-00320-CV, Categories: evidence, family Law
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
J. Gravois finds that the district court properly terminated a mother's parental rights to her child. In this case, the mother has not complied with her case plan because she did not take the initial steps to register for an assessment with the Office for Citizens with Developmental Disabilities, did not finish parenting classes, did not complete mental health counseling, and did not take her medication. Further, there is no evidence that the mother's parental rights were terminated only because of her intellectual limitations. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 31, 2024, Case #: 23-CA-491, Categories: evidence, family Law
J. Goldstein finds that the lower court properly terminated the mother's parental rights to the child and appointed the Texas Department of Family and Protective Services as managing conservator. Contrary to the mother's argument on appeal, the evidence sufficiently supports the endangerment finding under Subsection (D), as the mother has admitted to "a drinking problem." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: January 30, 2024, Case #: 05-23-00826-CV, Categories: evidence, family Law
J. Pena finds that the lower court properly terminated the mother's parental rights to her children. On appeal, the mother challenges the lower court's jurisdiction based on the commencement of the trial, but the trial began "before the new dismissal date." Also, the evidence shows that the "children's current caregivers were meeting their basic needs" and that the mother had "failed to shield them from domestic violence." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 29, 2024, Case #: 13-23-00362-CV, Categories: evidence, family Law, Jurisdiction
J. Duhart finds the lower court properly terminated the father's parental rights and granted permanent custody of the child to family services. Although he complied with parts of his case plan, he failed to maintain sobriety, and his arrest and incarceration prevents him from providing a safe home for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: January 26, 2024, Case #: 2024-Ohio-281, Categories: evidence, family Law
J. Groves finds the trial court properly granted the girlfriend's motion for an annulment of the marriage allegedly solemnized in California. She never received notice of the boyfriend's action to establish the fact of marriage in California and never consented to be married, which rendered the certificate obtained by the boyfriend a nullity. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: January 25, 2024, Case #: 2024-Ohio-244, Categories: evidence, family Law
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. Keough finds that the lower court did not abuse its discretion when it granted permanent custody of the child to family services because the mother’s refusal to engage in mental health services or take medication for her psychological conditions prevents her from providing a safe and stable home for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: January 25, 2024, Case #: 2024-Ohio-255, Categories: evidence, family Law
J. Wilkin finds the lower court properly awarded permanent custody of the mother's five children to family services. Her failure to treat several psychological conditions, including bipolar disorder, and her refusal to refrain from engaging with several men that had physically abused several of the children prevented her from providing a safe and stable home environment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: January 24, 2024, Case #: 2024-Ohio-377, Categories: evidence, family Law
J. Gladwin finds the circuit court properly denied the ex-husband's motion for a new trial in a protective order case filed by his ex-wife. She was awarded the marital home after the divorce and has presented evidence that locks on the home had been tampered with, as well as doorbell video evidence of masked intruders outside the home and a menacing funeral balloon that had been sent to her. Evidence of the husband's prior abuse as well as of his gun collection was also shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 24, 2024, Case #: CV-23-217, Categories: evidence, family Law, Restraining Order
J. Mayle finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services because the mother failed numerous drug screens during her case plan and refused to sever ties with the father, who was abusive toward her and the children, all of whom have thrived in foster care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 24, 2024, Case #: 2024-Ohio-284, Categories: evidence, family Law
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. Zimmerer finds that the trial court properly entered judgment in a suit involving modification of the parent-child relationship. The evidence supports a finding of a "material and substantial change in circumstances" since the previous order in that the father had interfered with the mother's visitation rights as to their child. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: January 23, 2024, Case #: 14-22-00936-CV, Categories: evidence, family Law
J. Dorrian finds the lower court properly admitted the guardian ad litem's testimony into evidence. Although the guardian did not observe the mother with her child, the mother's criminal conviction and incarceration during the majority of the case prevented in-person observation, while there was also other, overwhelming evidence to support the child's removal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: January 23, 2024, Case #: 2024-Ohio-224, Categories: evidence, family Law
J. Zmuda finds the lower court properly granted permanent custody of the child to family services despite the father's completion of anger management services. He failed to submit to drug screens required as part of his case plan and showed no improvement in the ability to manage his angry outbursts despite completion of the classes. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: January 22, 2024, Case #: 2024-Ohio-280, Categories: evidence, family Law
J. Seeley finds the court properly terminated the mother's parental rights. Although she completed a portion of her case plan following the initial removal of the child, the various failed drug tests and her refusal to accept responsibility for her problems prevented her from proving rehabilitation sufficient to reestablish custody of the child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: January 22, 2024, Case #: AC46488, Categories: evidence, family Law
J. Welch vacates a judgment that terminated the father's parental rights to his minor children. The record does not show that the father sought to "permanently avoid parental responsibility" and indicates he has recently complied with his case plan, so termination was not in the children's best interests. Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: January 19, 2024, Case #: 2023CJ0655, Categories: evidence, family Law
J. Gray finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the best interest finding. This includes the mother's drug use during pregnancy, failure to complete recommended services and failure to attend the final hearing. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: January 18, 2024, Case #: 10-23-00261-CV, Categories: evidence, family Law