14 results for 'cat:"Civil Procedure" AND cat:"Evidence" AND cat:"Family Law"'.
J. Suarez finds the failure by the mother's attorney to object to family services' amendment request immediately before the close of the trial concerning her parental rights did not constitute ineffective assistance. Such requests are allowable under the governing procedural guidelines and, in any case, the subject of the amendment request - the mother's failure to comply with a rehabilitation plan - had been fully briefed and discussed during the trial. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: May 2, 2024, Case #: AC46641, Categories: civil Procedure, evidence, family Law
J. Baldwin finds the lower court properly denied the great-grandparents' motion for custody and granted family services' motion for permanent custody of the children. Although the great-grandparents were willing to care for the children, the parents' failure to make any progress in their case plans greatly diminished the probability the children would ever be returned to their custody and allowed for the termination of their parental rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: April 19, 2024, Case #: 2024-Ohio-1505, Categories: civil Procedure, evidence, family Law
J. Miskel finds that the lower court properly terminated the mother's parental rights to two children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The mother failed to appear for trial, and the evidence indicated a history of drug use, as well as a failure to consistently comply with drug testing. Also, her living location was unknown to the Texas Department of Family and Protective Services, and she was not employed "the last time the caseworker spoke with her." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 1, 2024, Case #: 05-23-00879-CV, Categories: civil Procedure, evidence, family Law
J. Longoria finds on remand from the Supreme Court of Texas that the lower court properly terminated the mother's parental rights to her daughter. Contrary to the mother's contention, the evidence sufficiently supports the endangerment findings under subsections (D) and (E), as well as the lower court's best interest finding. The evidence showed that the mother lacked an understanding of the child's "physical, emotional, and developmental needs." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 15, 2024, Case #: 13-23-00040-CV, Categories: civil Procedure, 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
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. 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. Medina finds that while the stepmother's custody cases involving her other children are pending before the lower court, the termination of the father's parental rights was a final, appealable order. All of the issues involving his children were fully adjudicated by the trial court and any remaining issues deal solely with children to whom he is unrelated. Meanwhile, the trial court properly terminated the father's parental rights because family services made efforts to assist with drug treatment services in California after he relocated there, but he refused to obtain stable housing or deal with his addiction to meth. Affirmed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: September 14, 2023, Case #: A-1-CA-40576, Categories: civil Procedure, evidence, family Law
J. Seeley finds the wife's failure to raise her due process claim, which stemmed from the court's decision to grant the husband custody of the parties' children, before the trial court renders that argument abandoned. Meanwhile, the trial court properly denied her motion for a continuance because she had several months to prepare for the custody hearing but chose not to complete a psychological evaluation or submit a financial affidavit with the court, both of which could have had a substantial impact on the outcome of the case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: August 18, 2023, Case #: AC45100, Categories: civil Procedure, evidence, family Law
[Consolidated.] J. Edwards withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court improperly entered dependency judgments in the two cases regarding the daughters but properly entered a dependency judgment in the case regarding the son. The record shows that the father "visited the daughters regularly" and that he has gainful employment and a safe residence. However, he failed to set up "regular visits or otherwise communicate with the son for over a year." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: 2210396, Categories: civil Procedure, evidence, family Law
[Consolidated.] J. Waldick finds the lower court properly granted the family members' motion for relief from a judgment granted to the petitioner who sought to have several bodies disinterred and moved to a new cemetery. Although the motion was filed more than two years after the initial judgment, the nature of the decision negated any timeliness concerns. Furthermore, the lower court properly determined the petitioner failed to show good cause for disinterment and denied his secondary petitions after numerous family members objected to the possibility of moving the bodies, while he also lied about the existence of any relatives in his initial request. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: July 10, 2023, Case #: 2023-Ohio-2358, Categories: civil Procedure, evidence, family Law
J. Mayle finds the trial court erroneously dismissed the mother's motion to set aside a judgment of paternity based on the grounds DNA evidence from the father was newly discovered evidence, as that theory is foreclosed by previous rulings. Meanwhile, the lower court also erroneously allowed the mother to file her claim on behalf of the child. There is an inherent conflict of interest between the parties; therefore, the case must be remanded to allow for the appointment of a guardian ad litem that can properly determine the best interests of the child before any paternity rights are established. Reversed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 23, 2023, Case #: 2023-Ohio-2089, Categories: civil Procedure, evidence, family Law
J. Tucker finds the trial court erroneously found the biological father's incarceration was a "justifiable cause" for his failure to provide financial support to the child. Evidence indicates he failed to provide any kind of support for nearly four years prior to the stepfather's petition for adoption, even though he was only incarcerated a year prior to the petition. Therefore, his consent was not required for the adoption and the case will be remanded to allow the trial court to consider whether adoption is in the best interests of the child. Reversed.
Court: Ohio Court Of Appeals, Judge: Tucker, Filed On: June 16, 2023, Case #: 2023-Ohio-1999, Categories: civil Procedure, evidence, family Law
J. Molberg finds that the lower court properly terminated the parental rights of the father and the mother to their child. Counsel for the mother indicated that there are "no arguable grounds for reversal," and the court agrees. The evidence also sufficiently supports the endangerment and best interest findings as to the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 23, 2023, Case #: 05-22-01337-CV, Categories: civil Procedure, evidence, family Law