2,521 results for 'cat:"Family Law"'.
J. Rochford finds that the lower court properly found the mother unfit to parent her two daughters and terminated her parental rights after her son died from child abuse at the hands of her boyfriend. The girls were found with scars, and burn marks showing that they had also been abused, but the mother denied all knowledge of how they got those marks. Further, the mother did not communicate with the caseworker and refused to complete community-based services. Affirmed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: May 16, 2024, Case #: 231947, Categories: family Law
J. Ortega finds the juvenile court properly terminated a father’s parental rights to his daughter. “Given father’s past attempts to disrupt child’s relationship with [foster parents] and to minimize the importance of that attachment, there is reason for concern that father would foment conflicts that would not be in child’s best interest.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 15, 2024, Case #: A178108, Categories: family Law
J. DeArmond finds that the lower court properly modified the parents' parenting plan for their child, significantly decreasing the father's time. While the court did not formally explain why it did not conduct an in camera interview with the child, it apparently decided interviewing the child was unnecessary to making a decision on the custody arraignment. Affirmed.
Court: Illinois Appellate Court, Judge: DeArmond, Filed On: May 15, 2024, Case #: 231264, Categories: family Law
J. Tookey finds the trial court properly reduced a husband’s spousal support obligation to the wife but rejected his request to end it. The court’s conclusion was within its discretion. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 15, 2024, Case #: A181085, Categories: family Law
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J. Molaison finds that the trial court properly found for the surviving daughter on the decedent's granddaughters' claim that the daughter, their aunt, should not have been transferred trust assets and had a duty to provide an accounting to them on those assets. In this case, the decedent designated her two daughters as initial principal beneficiaries, entitled to the remainder of the principal in the trust upon her death, with the trust providing "if a principal beneficiary predeceases a Settlor, the principal beneficiary’s interest shall vest in the surviving principal beneficiary, or if there is no surviving principal beneficiary, in the surviving descendants of Settlor.” The deceased daughter, who was the mother of the grandchildren, died before the decedent. Under the trust, the decedent was the income beneficiary of the trust when her daughter died, shifting the principal beneficiary interest to the surviving daughter. The decedent's inter vivos donation conditioned on the beneficiary surviving her is permissible and is not a prohibited substitute under the Trust Code. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: May 15, 2024, Case #: 23-CA-251, Categories: family Law, Trusts
J. Miskel finds that the lower court properly terminated the mother's parental rights to the child. The mother's counsel has indicated that the appeal is without merit, and the court agrees. The evidence shows that the mother had a history of incarceration and that she tested positive for methamphetamines during the pending case. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 15, 2024, Case #: 05-24-00159-CV, Categories: Evidence, family Law
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child. The father failed to adequately preserve his due process argument. Additionally, the evidence sufficiently supports the lower court's best interest finding as to the mother. The record indicates that the mother was "living in a hotel at the time of the trial" and that she had a history of drug abuse. Additionally, the foster parents provided the child with a good home. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 14, 2024, Case #: 05-23-01255-CV, Categories: Evidence, family Law
J. Wilson finds that the trial court properly divided the parties' community property when it ordered the ex-husband to make an "equalization payment" to the ex-wife. Since no findings of fact and conclusions of law were made regarding the value of the assets of the community estate, there is no way to determine whether the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 14, 2024, Case #: 14-22-00683-CV, Categories: Civil Procedure, family Law, Property
[Consolidated] J. Moore finds the juvenile court properly denied the state's motions to terminate the father's parental rights. The state became involved when the mother’s youngest child, a half-sibling of the father’s children, tested positive for drugs at birth. The father, with a history of drug abuse, was in jail at the time of the filings. Though the children have been in foster care for a large part of their lives, because of the positive father/child relationship, his expressed desire to parent them and his success in following his case plan, the state was unable to prove by clear and convincing evidence he is an unfit parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: May 14, 2024, Case #: A-23-631, Categories: Evidence, family Law, Guardianship
J. Smith finds the lower court properly denied the husband's motion to dismiss for a failure to prosecute. The court's issuance of a temporary support order and the wife's motion to find the husband in contempt when he fell behind in payments were actions sufficient enough to allow the case to remain on the docket. However, the court's decision to convert the temporary payments into a permanent obligation must be reversed for its failure to hold a hearing and the lack of analysis of disputed facts regarding the fault of each party regarding the divorce. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 14, 2024, Case #: 2022-CA-908, Categories: Civil Procedure, family Law
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates that the child "suffered a life-threatening crisis by ingesting methamphetamine" while in the mother's care and that the mother failed to "maintain a drug-free lifestyle" as required. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 14, 2024, Case #: 07-23-00442-CV, Categories: Evidence, family Law
J. Riedmann finds the county court improperly calculated the ex-wife's income in this divorce proceeding. The record does not support the wife's income as an elementary school teacher gives her an income of more than $6,000 per month. The court improperly included in its calculation an Air Force education liaison position for which the ex-wife applied but was not awarded. Being that the ex-wife is employed, the $1 per month the court awarded in alimony shows no abuse of discretion. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-398, Categories: family Law, Property, Due Process
J. McClarty finds that the trial court improperly terminated a mother’s parental rights on the grounds of abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, and substantial noncompliance with the permanency plans. The trial court properly terminated the parental rights for the persistence of conditions which led to removal, severe child abuse and failure to manifest an ability and willingness to assume custody of the child. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed in part. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 14, 2024, Case #: W2022-01312-COA-R3-PT, Categories: Evidence, family Law
Per curiam, the Vermont Supreme Court finds the trial court properly ordered the ex-husband to continue providing health insurance for his ex-wife during the nisi period of their divorce until it was finalized. The ex-wife alleges that her ex-husband had violated the order by removing her coverage or reinstating the insurance before the nisi period was absolute. The ex-husband disagreed alleging the court lacked authority for him to reinstate the insurance. Therefore, the ex-husband failed to wait until the nisi period was over and was still considered married, so he violated the court’s order to reinstate. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: 23-AP-376, Categories: Civil Procedure, family Law
J. Waldick finds the trial court properly terminated the father's parental rights and granted permanent custody of the child to family services. He only visited the child once in person throughout the duration of his custody case, refused to enroll in anger management classes as part of his case plan and did not complete the majority of the objectives in that case plan. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: May 13, 2024, Case #: 2024-Ohio-1846, Categories: Evidence, family Law
J. Hanson finds that the lower court properly terminated the parental rights of the mother to the child. The mother, who resides in Guatemala, failed to raise her due process argument regarding compliance with the Vienna Convention before the juvenile court. Also, the lower court did not err in its finding that she could communicate well enough with her attorney, despite the lower court not providing her an interpreter in her primary language. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 10, 2024, Case #: CL-2023-0102, Categories: family Law, International Law
J. Elgo finds the trial court properly granted the husband's motion for summary judgment on fraud and unjust enrichment claims. The wife's admission she knew her two children were not the husband's biological children was sufficient to prove the transfer of more than $187 million from the husband was coerced under false pretenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: May 10, 2024, Case #: AC45745, Categories: Evidence, family Law, Fraud
Per curiam, the Vermont Supreme Court finds the lower court properly terminated a father’s parental rights to his child. There was sufficient evidence to support the determination that the father had “stagnated in his progress toward reunification.” Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 24-AP-019, Categories: family Law, Guardianship
J. Wozniak finds the trial court properly entered the final judgment for dissolution between a former husband and wife. The court dismissed this appeal for a lack of jurisdiction regarding the final order of relocation. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: May 10, 2024, Case #: 6D23-1663, Categories: family Law, Jurisdiction
J. Mansfield finds that the lower court should have held that a post-marital agreement in which the wife relinquished a share of the husband's property investments was not enforceable following his death because the Iowa code section that allows marital parties to revoke prenuptial agreements does not allow parties to make new agreements while they remain married. Reversed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: May 10, 2024, Case #: 23-1131, Categories: family Law
J. Lambert finds the trial court made a reversible error when it granted the husband's lawyer's motion to withdraw on the morning of trial in the dissolution of the husband and wife's marriage and denied the husband's request for a continuance of the trial. It violated the husband's right to due process to allow his lawyer to withdraw on around 20 hours' notice immediately before his trial was set to start. The portion of the court's judgment dissolving the marriage is affirmed, but the matter is otherwise reversed and remanded for a new trial. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 10, 2024, Case #: 23-0748, Categories: family Law, Due Process
J. Mize finds the trial court improperly entered into a final judgment in this dissolution of marriage case regarding a necklace and loan stemming from the distribution of marital assets and liability. The former wife alleges the necklace was owned by her deceased brother-in-law and the loan from the former husband’s parents was paid in full before he filed for dissolution. There is no evidence to prove that there was a necklace that existed, nor that the wife was in possession of it. The loan should not have been classified in the marital liabilities, as it was paid in full. Therefore, this case is remanded for the final judgment for further proceedings on the necklace and loan. Affirmed, in part. Reversed, in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: May 10, 2024, Case #: 6D23-373, Categories: family Law
J. Reiber grants the state’s motion to dismiss this case stemming from the adjudication of a child as a child in need of care or supervision. The family division’s jurisdiction was terminated when the child was returned to the parents without any conditions or supervision. Dismissed as moot.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: May 10, 2024, Case #: 23-AP-332, Categories: family Law, Jurisdiction