2,515 results for 'cat:"Family Law"'.
J. Caldwell finds that a stepfather was improperly permitted to adopt his stepson because the lower court did not utilize the constitutionally mandated clear and convincing evidence standard in terminating the biological father's parental rights.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: May 19, 2023, Case #: 2022-CA-1055-ME, Categories: family Law
[Consolidated.] J. Fridy grants these petitions for writs of mandamus, in which the relators challenge the transfer of their respective cases to juvenile court. The circuit court had jurisdiction over the two actions, which both involve the adjudication of paternity. Accordingly, they are entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: May 19, 2023, Case #: CL-2023-0225, Categories: Civil Procedure, family Law
Per curiam, the appeals court finds the trial court improperly handled several aspects of the dissolution of the husband and wife's marriage and the distribution of marital assets and liabilities. In part so the trial court can explain or correct its findings over the distribution of the couple's marital home, the husband's student loan and credit card debt and $60,000 owed for individual loans to pay marital expenses, the case is remanded for further proceedings on these matters, as well as so the court can deny the wife's claim for alimony and make more legally sufficient findings regarding a shared parenting plan. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 19, 2023, Case #: 22-0223, Categories: family Law, Property
J. Smith finds the trial court improperly entered a supplemental final judgment that modified timesharing and granted the petition for relocation in favor of the mother. The order "failed to make any factual findings relative to the statutory factors." The case is remanded to determine whether the current record is sufficient. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: May 19, 2023, Case #: 6D23-458, Categories: Civil Procedure, family Law
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J. Kirby finds the lower court improperly terminated the parental rights of a mother and father to their minor child on grounds of severe abuse, persistence of conditions and substantial noncompliance with the permanency plans. The minor child was removed from the parents' care after an X-ray revealed multiple rib fractures. The parents argue they did not inflict the injuries upon the child. Despite the lower court's decisions to terminate parental rights, the evidence of record does not clearly or convincingly show the parents knowingly injured or failed to protect the child from injury. Evidence also fails to support any of the other grounds for termination. Reversed.
Court: Tennessee Supreme Court, Judge: Kirby, Filed On: May 19, 2023, Case #: M2019-01079-SC-R11-PT, Categories: Evidence, family Law
J. MacIver finds the trial court made an error in calculating the amount of monthly support payments the former husband owes to his former wife based on what the court calculated to be the average monthly surplus from his income minus living expenses. Because the court did not explain how the husband's $6,000 average monthly surplus could cover his $6,350 monthly support payments, the trial court's order is overturned and the case is remanded for recalculation of the husband's payments. All other aspects of the trial court's dissolution of marriage order are upheld. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: MacIver, Filed On: May 19, 2023, Case #: 21-2405, Categories: family Law, Property
J. Smith finds that the trial court improperly ruled to terminate the parental rights of a mother and father to their child. The Texas Department of Family and Protective Services failed to present any evidence to support the finding that the parents had abused their child. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 18, 2023, Case #: 03-22-00722-CV, Categories: family Law
J. Kilbane 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 all objectives of her case plan and the child ran away several times, which indicates the mother was unable to control and provide a stable home for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: May 18, 2023, Case #: 2023-Ohio-1674, Categories: Evidence, family Law
J. Tenny finds the trial court improperly ordered defendant to pay the victim’s moving expenses after he pled guilty to violating a protective order which was issued after the victim accused him of having sex with her without consent while she was medicated. No evidence tied the victim’s move from the marital home to defendant’s criminal conduct, but only to the divorce decree. Restitution that defendant was ordered to pay to the victim for lost wages incurred by her taking leave from work, however, was tied to his criminal conduct. Affirmed in part. Vacated in part.
Court: Utah Court Of Appeals, Judge: Tenny, Filed On: May 18, 2023, Case #: 20200890-CA, Categories: family Law, Sanctions, Restraining Order
J. Clark finds that the lower court properly declined to find for the county in claims concerning oversight of two children in foster care. Questions of fact remain unresolved as to whether the county looked into previous safety complaints from the children's father before his son was struck in the eye by a rock propelled by a riding mower as he played nearby. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 18, 2023, Case #: CV-22-1964, Categories: family Law, Tort
J. Welling finds that the district court should have granted a husband's request to reopen the evidence in a divorce case where his wife learned of an inheritance after a permanent orders hearing had been held but before permanent orders had been issued. A district court has the inherent authority to reopen evidence if the parties are still married. Before reopening evidence, it should consider the adequacy of a movant's proof, the substantiality of proffered changed circumstance, the length of delay since the permanent orders hearing and the extent to which the proffered evidence is new and unanticipated, among other factors. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Welling, Filed On: May 18, 2023, Case #: 21CA1317, Categories: family Law
J. Wood finds the circuit court properly terminated both parent’s parental rights. The department filed for emergency custody as the children had been reported dependent neglected, living with their maternal grandparents while the mother was homeless. A child reported that he had been hit with a belt by his step-grandfather for “breaking the rules.” The mother has been in minimal compliance with her case plan and all evidence supports termination. The father failed to attend a visitation hearing and had not complied with any court orders or case plan. The father filed a motion for reconsideration or relative placement, but because it was not filed within ten days of the termination order it was not subject to the deemed-denial provision of the rules of appellate procedure. The court never ruled on this motion and there is nothing for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: May 17, 2023, Case #: CV-22-761, Categories: family Law, Due Process, Guardianship
J. Harrison finds the district court properly granted the stepfather’s petition to adopt the minor child without the biological father’s consent. The stepfather had assumed the role of father for more than four years. The mother expressed her consent and the petition alleged that the biological father’s consent was not required because he had failed without justifiable cause, for at least one year, to have meaningful communication with his child or to provide care and support as required by the divorce decree. The stepfather is a consistent, dependable presence who has cared for the child since he was a toddler. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: May 17, 2023, Case #: CV-22-420, Categories: family Law, Guardianship
J. Brown finds the circuit court properly terminated reunification services with the mother, suspending visitation with her and granting permanent custody of the minor children to their father. A family service worker alleged, based on an investigation into a child abuse hotline tip, that the unstable mother has failed to assist the diabetic child with her medical needs. The mother fails to cite any legal authority for her contention that without the court providing services that it cannot assess whether further services could result in successful reunification. The issue of visitation is within the discretion of the court, with the primary consideration being the children’s best interest. The testimony and evidence will not be reweighed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 17, 2023, Case #: CV-22-811, Categories: family Law, Guardianship
J. McKinster finds that the trial court order terminating a mother's parental rights was based on evidence that her child was likely to be adopted and that the child wanted her foster caregiver "to be her forever mother." Also, the child was not distressed when visits with her mother ended. Affirmed.
Court: California Courts Of Appeal, Judge: McKinster, Filed On: May 17, 2023, Case #: E080223, Categories: family Law
J. Joyce finds the juvenile court properly changed a permanency plan from reunification to adoption. “Due to her cognitive limitations, mother does not have the ability to safely parent [daughter] without support, yet mother has had inconsistent contact with DHS for significant periods of time and has not demonstrated a willingness to accept that support.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 17, 2023, Case #: A179657, Categories: family Law
J. Aoyagi finds the juvenile court erred in modifying a mother’s parenting time and child support provisions. “There is an internal inconsistency in the modification judgment as to the number of overnights that the child is to spend with each parent, which appears to be the result of the trial court adopting father’s proposed parenting-time plan, which itself contained an internal inconsistency.” Vacated.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 17, 2023, Case #: A176985, Categories: family Law
Per curiam, the court of appeal grants a husband certiorari review of the decision allowing the wife to obtain financial information from a third party. The court should review the financial documents and determine whether evidence supports the wife's allegations that the documents had been withheld fraudulently.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 17, 2023, Case #: 4D23-165, Categories: family Law, Discovery
J. Menetrez finds that the trial court properly concluded that a family services agency was not required to make an initial Indian Child Welfare Act inquiry during dependency proceedings for a mother's five children. Both the mother and father repeatedly denied the possibility of Indian ancestry, so further inquiries with extended family members were unnecessary. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: May 17, 2023, Case #: E079651, Categories: family Law
J. Banke finds that a human services agency did not present sufficient evidence that a father had lied about his sobriety for the trial court to find that he posed a risk of serious physical risk to his child. The trial court's removal order was error, as no evidence showed that other reasonable means besides removal from the non-custodial father were available to protect the child from the mother's addictions. Reversed.
Court: California Courts Of Appeal, Judge: Banke, Filed On: May 17, 2023, Case #: A166150, Categories: family Law
J. Virden finds the circuit court properly terminated the father’s parental rights. A family services worker testified that DHS had placed a hold on three children after police responded to the mother’s home following a report of her and her boyfriend physically fighting while intoxicated. The child shared by her and the father had been living with the mother because the father was in prison because he was convicted of two counts of felon in possession of a firearm. The child has had a stable foster home for over two years. The father concedes that she could not live with him at the halfway house and there is little likelihood that services would result in successful reunification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 17, 2023, Case #: CV-22-793, Categories: family Law, Due Process, Guardianship