448 results for 'cat:"Evidence" AND cat:"Family Law"'.
J. Abramson finds the circuit court properly terminated the mother's parental rights to her minor child. The department of health and human services filed a petition for dependency-neglect and emergency custody after the child reported her parents were using drugs. Though the mother refused testing, the father and child tested positive for meth, and residue of the drug was found in the home. The mother, who was unemployed and did not maintain adequate housing, failed to complete drug-and-alcohol assessments, counseling or parenting classes. Furthermore, counsel has filed a no-merit brief and his request to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 17, 2024, Case #: CV-23-338, Categories: evidence, family Law, Guardianship
J. Virden finds the circuit court properly terminated the parent's parental rights to their infant children. Following removal of the children, the mother was incarcerated, and both parents failed to undergo treatment, tested positive for drugs, and failed to complete anger management or parenting classes. Both had violated a no-contact order and were charged with public intoxication, as well as disorderly conduct and resisting arrest. Furthermore, both parents attended only two of nine child visitations, leaving early each time. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: January 17, 2024, Case #: CV-23-382, Categories: evidence, family Law, Guardianship
J. Gladwin finds the circuit court properly terminated the mother's parental rights to her child. The child was taken into custody after testing positive for meth and THC at birth. Though the mother was partially compliant with the reunification plan, her failure of certain drug tests resulted in the termination of reunification efforts. The mother cannot show the court improperly denied her request for a continuance. Furthermore, counsel has filed a no-merit brief and his motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CV-23-355, Categories: evidence, family Law, Guardianship
J. Virden finds the circuit court properly terminated the mother's parental rights to her five children. The department filed a petition for emergency custody and dependency-neglect based on inadequate supervision, food, clothing, shelter and/or medical or mental healthcare, failure to protect a child from serious physical injury, and maltreatment. One child drowned while being cared for by a 13-year-old developmentally delayed child. The mother's boyfriend was also found to have abused the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 17, 2024, Case #: CV-23-507, Categories: evidence, family Law, Guardianship
J. Bishop finds the trial court properly modified the custody order granting the parents joint physical custody of their son, with equal parenting time. The mother's claims of harmful conduct by the father were unfounded, while the child admitted to lying about being abused and record evidence shows the child's behavior improved after equal parenting time was awarded. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 16, 2024, Case #: A-23-111, Categories: evidence, family Law, Guardianship
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[Consolidated.] J. Smith finds the lower court properly terminated the parents' parental rights and granted permanent custody of the child to family services. Although the parents attended the majority of visits with the child, the deplorable conditions at their home and the child's nonverbal status at the time he was initially removed was sufficient to support the court's decision that it was in the child's best interest to remain in foster care. Interactions between the family were also negative during some of the visits, while the parents' failure to potty-train the child by the time he was 5 years old and their refusal to remove dangerous objects from their home prevented them from providing a safe environment for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: January 16, 2024, Case #: 2024-Ohio-315, Categories: evidence, family Law
J. Welch finds the county court, sitting as juvenile court, properly terminated the father's parental rights to his two sons. After the children were removed from the mother's home and placed in state custody, the father, who had been incarcerated, moved to intervene. He then failed to adequately make progress on his case plan goals and recommendations to provide permanency. The record also shows he did not have a beneficial relationship with the children at the time of the termination hearing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 16, 2024, Case #: A-23-410, Categories: evidence, family Law, Guardianship
[Consolidated.] J. Duhart finds the lower court properly terminated the parents' parental rights and granted permanent custody of their children to family services. Although they completed a portion of their case plans, they refused to remedy substance abuse issues or obtain stable employment and housing that would have allowed them to provide a safe environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: January 12, 2024, Case #: 2024-Ohio-111, Categories: evidence, family Law
J. Osowik finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. She failed to complete parenting classes required as part of her case plan and was unable to provide the specialized medical care needed by the child, who has several developmental disabilities and is wheelchair-bound. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: January 12, 2024, Case #: 2024-Ohio-110, Categories: evidence, family Law
J. Bailey finds that the lower court properly terminated the parental rights of the father to his three children. Contrary to his argument on appeal, the evidence sufficiently supports the endangerment and best interest findings. Specifically, the lower court did not err in admitting the children's "outcry statements." Also, the evidence establishes the children's improvement since removal. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: January 11, 2024, Case #: 11-23-00202-CV, Categories: evidence, family Law
J. Klappenbach finds the circuit court properly terminated the parents' rights to their daughter based on sufficient evidence. The mom had posted a video on Facebook Live showing herself driving and smoking marijuana with her sister, with the child improperly in the car seat. The mother also said the child was high. A child abuse hotline report had also been made alleging drug use, heavy drinking and domestic violence around the child. Furthermore, the father had not been taking his bipolar disorder medication upon the removal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: January 10, 2024, Case #: CV-23-479, Categories: evidence, family Law, Guardianship
J. Robinson finds that the trial court properly terminated a mother's and father's parental rights to free their child for adoption. In this case, the child has been in foster care for almost the entirety of her life and has bonded with her foster family who wish to adopt her. The mother and father do not have custody of their other children, do not have stable housing, and engage in drug use. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: January 10, 2024, Case #: 55,528-JAC, Categories: evidence, family Law
J. Arterburn finds the juvenile court properly entered an order for the removal of the daughter, who tested positive for meth and codeine immediately after her birth. After the daughter was returned to her mother following a year in foster care, the mother sought childcare with the previous foster parents. The mother's contact with the foster parents gradually decreased until the foster parents were the primary caregivers by the time the child was 6 years old. The mother's failure to maintain contact negatively impacted the child's mental health, and the court properly found her to be at risk of harm due to the mother's faults and habits. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 9, 2024, Case #: A-23-460, Categories: evidence, family Law, Guardianship
J. Pirtle finds the lower court properly terminated the mother's parental rights to her three children. The children were removed after the mother was accused of abuse by her husband's child. Two of her children, including one diagnosed with brittle bone disease, expressed fear of their mother, indicating that they did not want to see her. Another child indicated that he was terrified of his mother and that his brother got physically ill when she was spoken-of. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 9, 2024, Case #: A-23-531, Categories: evidence, family Law, Guardianship
J. Mitchell finds the county court properly terminated the mother's parental rights to her two children. After removal, the mother did not correct her issues with substance abuse and neglect, or the lack of a safe and stable home. The children had been in foster care for six months before termination, and there had been significant erosion in the relationships due to the prolonged absence. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 120893, Categories: evidence, family Law, Guardianship
J. Longoria finds that the lower court properly entered a divorce decree awarding possession of certain property to the appellee. The appellant contends that the lower court erred by failing to submit a jury question "related to the characterization of the property." But any error in failing to submit his requested question was harmless. Additionally, the lower court's charge was not an "impermissible comment on the weight of the evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: January 4, 2024, Case #: 13-22-00262-CV, Categories: evidence, family Law, Property
J. Hassan finds that the mother's parental rights to her daughter were properly terminated based on sufficient evidence to support the endangerment and best interest findings. The mother has a "lengthy history of substance abuse" and exposed the child to "instability and uncertainty" through her actions. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: December 28, 2023, Case #: 14-23-00498-CV, Categories: evidence, 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
[Consolidated.] J. Waldick finds the lower court properly terminated the parental rights of both parents. The parents' disabilities prevented them from providing adequate care to the children, who thrived in foster care, and received proper treatment for medical and psychological conditions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 26, 2023, Case #: 2023-Ohio-4707, Categories: evidence, family Law
J. Nowell finds that the lower court properly terminated the parental rights of the mother and the father to the child. The father contends that the lower court improperly admitted hearsay evidence in violation of the Texas Family Code, but he failed to preserve his issue. Also, contrary to the mother's argument, the evidence sufficiently supports the best interest finding, as the child is bonded with the foster family and the mother refused "to believe her children's outcries despite clear and convincing evidence of Father's abuse." Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: December 22, 2023, Case #: 05-23-00667-CV, Categories: evidence, family Law
J. Bailey finds that the lower court properly terminated the mother's parental rights to her infant son. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record shows that the child tested positive for cannabinoids and also shows that the mother was expelled from a women's shelter "for violating the shelter's alcohol policy." She also failed to "engage in mental health services." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: December 21, 2023, Case #: 11-23-00184-CV, Categories: evidence, family Law
J. Horton finds the trial court properly denied the mother's petition to modify the joint managing conservatorship provisions in a divorce decree, which controls possessory rights to her son. Evidence presented shows both parents take active roles in parenting, have a good relationship with the child, and provide him with a safe and stable home. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: December 21, 2023, Case #: 09-21-00396-CV, Categories: evidence, family Law, Guardianship
J. Sulek finds the lower court properly terminated the father's parental rights and granted permanent custody of the children to family services. His severe drug addiction and psychological issues have shown no sign of improvement during the case and prevent him from ever providing a safe and stable environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: December 21, 2023, Case #: 2023-Ohio-4681, Categories: evidence, family Law
J. Windhorst finds that the trial court properly granted a mother's motion to obtain court approval to move the parties' children. The mother established that she does not have family in the New Orleans area and moved there on a temporary basis for the father's medical residency program. The mother testified that she wants to move to Florida where her parents and other family live because her financial opportunities would improve, and she would have a family support system. Further, the children would have the opportunity to attend excellent preschools in the area. Also, there was evidence of the father's inability to abide by the parties' visitation schedule and the instability of his life due to moving around the country for his medical residency. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 20, 2023, Case #: 23-CA-311, Categories: evidence, family Law
J. Gravois finds that the trial court properly granted joint custody of the parties' children. Res judicata was properly granted as to the mother's allegation regarding the father's alleged sexual abuse of the children because the multiple petitions for protection from abuse by both parties have all been filed in the same district court proceeding. The allegations of sexual abuse against the children were fully litigated and were dismissed with prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 20, 2023, Case #: 23-CA-46, Categories: evidence, family Law
[Consolidated.] J. Yohalem finds the lower court erroneously affirmed the removal of the Native American child from his guardians because the government failed to provide sufficient evidence of its efforts to prevent the unnecessary removal of the child as required under the Indian Child Welfare Act. The only evidence from the state agency came from a single witness who testified the agency made numerous phone calls to the guardians over a 9-month period, while the agency also failed to conduct in-home studies of the child's grandparents and birth parents to determine if they were suitable placements. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: December 20, 2023, Case #: A-1-CA-40390, Categories: evidence, family Law, Native Americans
J. Hoyle finds the county court properly terminated a father's parental rights to the child based on sufficient evidence. Investigators received a call from the mother saying that the child was injured in an altercation between her and the father when she was at his house to pick up the child. The investigator observed no injuries, though several investigators testified to regular occurrences of violence between the mother, father, and other family members, including legitimate threats involving weapons. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: December 20, 2023, Case #: 12-23-00206-CV, Categories: evidence, family Law, Guardianship
J. Combs finds the appeals court improperly vacated the trial court in an underlying action, in which a mother sought to have her husband adopt her out-of-wedlock child without the consent of the natural father. Though the appeals court agreed there was insufficient evidence the father willfully failed to support, it also found the mother had established a case the father did not maintain a substantial and positive relationship with the child. Evidence shows the mother would not give the father her address and blocked him on her phone and social media, and the father thought she and the child were living in another city based on the information he had. The trial court made no specific finding as to the sufficiency of the father's legal efforts to establish a relationship. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: December 19, 2023, Case #: 120431, Categories: evidence, family Law, Guardianship