345 results for 'cat:"Civil Procedure" AND cat:"Family Law"'.
J. Larkin affirms the district court's decision terminating the mother's parental rights. The district court did not clearly err in allowing the mother to waive her right to counsel, since it adequately warned her of the difficulties proceeding pro se would present. It also did not violate her right to due process by removing her from trial for disruptive conduct and proceeding in default. She also failed to preserve evidentiary objections for review on appeal, and the district court did not abuse its discretion in finding that termination was in the child's best interests. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Larkin, Filed On: November 27, 2023, Case #: A23-0935, Categories: civil Procedure, family Law, Due Process
J. Connolly affirms the district court's denial of the biological parents' motion seeking to revoke their consents to adoption on the basis of fraud. Such motions are governed by a 90-day deadline imposed by the rules of juvenile protection procedure rather than Minnesota's six-year statute of limitations for fraud claims. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: November 20, 2023, Case #: A23-0663, Categories: civil Procedure, family Law
J. Stevens grants a writ of mandamus to the parents seeking to vacate the court's temporary order granting the grandmother managing conservatorship of the child with the right to decide the primary residence. There were no findings that either parent was unfit or that they voluntarily surrendered possession of the child.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: November 20, 2023, Case #: 06-23-00085-CV, Categories: civil Procedure, family Law
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. Mackey finds that a stepmother's appeal from the denial of claims seeking custody of a child who had been abandoned by her mother should be dismissed as moot since the father, who supported the request from prison, relinquished his parental rights, rendering adoption the only option.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 16, 2023, Case #: 536059, Categories: civil Procedure, family Law
J. Smith finds that the lower court properly terminated the mother's parental rights to her four children. On appeal, she argues that the lower court abused its discretion by denying her motion for a continuance, which indicated that co-counsel needed more time to prepare for the case. However, co-counsel did not explain "what additional preparation might have been made had a continuance been granted." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 05-23-00847-CV, Categories: civil Procedure, family Law
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court improperly established the mother's visitation based on "the discretion of the custodians (and the children)." The visitation provisions provided the mother with "only an illusory right to visitation." There was no error, however, in finding the children to be dependent. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: November 9, 2023, Case #: CL-2022-1176, Categories: civil Procedure, family Law
J. Fridy finds that the lower court improperly permitted the mother to relocate with the child to Georgia and modified the father's visitation in this dispute between two parents following their divorce. The trial court erred by admitting certain exhibits, which "contained inadmissible hearsay," and the error was not harmless. Contrary to the mother's argument, the exhibits were not cumulative of other testimony. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: November 9, 2023, Case #: CL-2022-1265, Categories: civil Procedure, Evidence, family Law
J. Garry finds that the lower court properly declined a husband's request to declare the parties' separation agreement invalid. Although a state executive order in effect at the start of the Covid-19 pandemic required immediate electronic transmission for remote notarization, sending the document by U.S. mail constituted a "minor variation" that did not taint the process. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: November 2, 2023, Case #: 534281, Categories: civil Procedure, family Law, Covid-19
J. Anderson reinstates the great aunt and uncle's appeal of the dismissal of their petition for permanent third-party custody of their great niece. A guardian ad litem, once discharged by a district court, is no longer a party to a custody action and therefore need not be served with an appeal which does not concern its dismissal or discharge. Reversed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: November 1, 2023, Case #: A22-0098, Categories: civil Procedure, family Law, Guardianship
Per curiam, the appeals district dismisses this appeal from the trial court’s establishing the parent-child relationship with the father. The court of appeals has no record of the father’s timely appeal of the 2001 order. In 2021, the father began filing notices of appeal contending that he is not the father, which were dismissed for failure to comply with appellate rules. The father’s repeated filing to raise the same contention, and his failure to respond to jurisdictional notices and comply with rules, all result in dismissal, waste judicial and fiscal resources, and constitute bad faith abuse.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00259-CV, Categories: civil Procedure, family Law, Guardianship
J. Fridy grants the maternal grandmother's petition for a writ of mandamus, in which she challenges the juvenile court's transfer order in the underlying modification action. The maternal grandmother contends that the injunction against her is inequitable, and the juvenile court has jurisdiction to consider the issue. Accordingly, she is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: October 27, 2023, Case #: CL-2023-0523, Categories: civil Procedure, family Law
J. Gray conditionally grants relief to the mother and dismisses the petition in intervention brought by the child's paternal grandparents who sought possession and access to the child. The grandparents objected to the mother starting an OnlyFans page and posting sexually explicit material in order to supplement the family's income. But the grandparents failed to "overcome the fit-parent presumption" and show that the mother's conduct would cause significant harm to the child. Vacated.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: October 26, 2023, Case #: 10-23-00216-CV, Categories: civil Procedure, family Law
J. Poissant finds that the trial court properly terminated the father's child support obligation at the specified date and refused to grant him recovery of alleged excess payments made after the child's eighteenth birthday. The court lacked authority to modify the father's child support obligation before the date of service of citation or the mother's appearance in the suit. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: October 24, 2023, Case #: 14-22-00133-CV, Categories: civil Procedure, family Law
J. Arterburn finds the county court properly denied the mother’s request to change her sons’ surname to her maiden surname. The sons, now in high school, have had contentious relationships with their father, who they have witnessed abusing their mother and his other girlfriends. The father has had inconsistent relationships with the sons since the divorce, which happened when the sons were five and six years old. Though the sons use their mother’s maiden name where allowable and their father’s where legally required, evidence does not show that their substantial welfare requires the name change. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 24, 2023, Case #: A-22-878, Categories: civil Procedure, family Law, Juvenile Law
J. Moore finds that the lower court improperly denied the mother's Rule 60(b) motion seeking relief from a prior judgment regarding the stepmother's adoption petition. The mother was entitled to a hearing on her motion, as she asserts that she did not receive "notice of the pending adoption" and that the father and stepmother had known her whereabouts "at all times." Accordingly, the matter is remanded for a hearing on whether service by publication was appropriate. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: October 20, 2023, Case #: CL-2023-0259, Categories: civil Procedure, family Law
J. Moore finds that the lower court improperly denied the maternal grandparents' motion to intervene in this dependency action to the extent that they sought permissive intervention. It was an abuse of discretion to deny the grandparents' motion, as they sought "custody of the child through the dependency proceedings." The court notes that allowing them to intervene will not "unduly complicate or lengthen" the proceeding. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: October 20, 2023, Case #: CL-2023-0223, Categories: civil Procedure, family Law
Per curiam, the court of appeals finds that the appellate division improperly dismissed a mother's request for the return of her children from their father's out-of-state home. Whether the mother lacked standing to seek habeas relief without a custody order should not have impacted jurisdiction for appellate review, and on remittal an "expeditious determination" on the standing question should occur. Reversed in part.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: October 19, 2023, Case #: 60, Categories: civil Procedure, family Law
J. Reynolds Fitzgerald finds that the lower court properly held that three children were neglected by their father and mother/stepmother because the record indicates the parents subjected the children to excessive corporal punishment and domestic violence, that the son saw his mother and father having oral sex, and that his father showed him pornography. However, references in the order of disposition to testimony not admitted into evidence should be remitted to be stricken from the record. Affirmed in part.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: October 19, 2023, Case #: 535238, Categories: civil Procedure, family Law
J. Armstead reverses the circuit court's order affirming the Wayne County Family Court's decision awarding the ex-wife spousal support of $10,000 over 12 months. The family law judge abused his discretion by awarding the ex-wife spousal support in gross and not considering all statutory factors such as her possible need for support after the couple's remaining minor child graduates high school in June 2024. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: October 13, 2023, Case #: 21-0897, Categories: civil Procedure, family Law