446 results for 'cat:"Evidence" AND cat:"Family Law"'.
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
[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 that 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. 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. 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. 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
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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. 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
J. Harper finds the lower court properly terminated the mother's parental rights. She not only continued to have contact with the children's abusive father, who stabbed her in front of the children, but also failed to complete required counseling sessions and lacked a clear understanding of the children's emotional needs, as evidenced by her allowing one to play violent video games that involved knives. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: May 9, 2024, Case #: AC46612, Categories: evidence, family Law
J. Contreras finds that the lower court properly terminated the father’s parental rights to his daughter. The evidence sufficiently supports the statutory grounds for termination, specifically that he failed to comply with certain “requirements ordered by the court.” Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: May 9, 2024, Case #: 13-24-00040-CV, Categories: evidence, family Law
J. Worthen finds the trial court properly terminated the divorce proceedings. Though the couple were previously in a romantic relationship for more than 20 years, they agree that no ceremonial marriage ever occurred, nor did they ever file a declaration and registration of an informal marriage. General, conclusory statements from a witness with whom the couple socialized are not sufficient to raise a fact issue as to whether they represented to others they were married. No evidence presented raises a fact issue as to a formal or informal marriage existing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00230-CV, Categories: evidence, family Law
J. Gannam finds the trial court improperly applied the correct legal standards when finding the father contributed to the children’s dependency status after basing the decision on the belief the father's corporal discipline was abusive. There is not enough evidence to prove the father “engaged in conduct placing [the kids] at substantial risk of imminent abuse.” Therefore, this case is remanded for the children’s placement with the appropriate proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: May 8, 2024, Case #: 6D24-105, Categories: evidence, family Law
J. Lawrence finds the lower court properly named the wife sole residential parent of the child. Although both parents were actively involved in the child's life, the husband's short temper and history of excessive spanking made the wife's home a safer and more suitable environment. Meanwhile, the award of child support over the statutorily required amount was supported by evidence in the record, including a joint decision to send the child to private school and the fact the husband was not working to his full earning capacity at the time of the separation. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 8, 2024, Case #: 2022-CA-804, Categories: evidence, family Law
J. Powell finds the lower court properly granted permanent custody of the children to family services. Although one of the children expressed a desire to be reunited with his siblings, the father's incarceration and mother's abandonment of the children for a year during the custody case prevented them from providing a safe and stable home for the children. The mother also refused to complete large portions of her case plan and continued her relationship with the father, despite his social and mental health issues and continued abuse of cocaine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: May 6, 2024, Case #: 2024-Ohio-1732, Categories: evidence, family Law
[Consolidated.] J. Atkins finds that the trial court properly denied a mother's motion to relocate from Louisiana to Florida. In this case, the mother does not show that relocation was in the children's best interest because she provided no support for her claims that Jacksonville would be better for the parties' daughters and did not provide any evidence about how the daughters felt about the move. Further, the trial court properly found the mother in contempt for failing to bring the children for a visit from Jacksonville to New Orleans during Mardi Gras. The mother alleged that she could not bring them for financial reasons but also contended that the move to Jacksonville was beneficial due to her increased salary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: May 3, 2024, Case #: 2023-CA-0463, Categories: evidence, family Law
J. Johnson finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the findings as to endangerment and the children's best interest. This includes the father's lack of financial support, history of drug use, and his "multiple criminal convictions and multiple periods of incarceration." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 10-23-00364-CV, Categories: evidence, 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. Bock finds the trial court properly awarded the wife equity in the marital residence. Although the husband made financial contributions to the property during the couple's marriage, he financially abandoned her during their separation, which entitled her to the equity award. Meanwhile, the court properly denied the husband's request for spousal support because he was not working to his full earning capacity and failed to provide any evidence he was unable to find full-time employment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: May 1, 2024, Case #: 2024-Ohio-1663, Categories: evidence, family Law
J. Brown finds the circuit court properly terminated the parents' parental rights to their minor children. The department exercised a hold on the children, filing a petition for dependency-neglect after the incoherent and lethargic father was taken to the hospital for suspected drug use. The mother admitted to being on drugs, though she refused testing, also refusing to allow the department to investigate the state of the home. She admitted to being five months pregnant, though she refused treatment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: May 1, 2024, Case #: CV-24-5, Categories: evidence, family Law, Guardianship
J. Parker finds that the lower court properly entered an order modifying the parent-child relationship and appointed the father as "sole managing conservator with the exclusive right to determine the residence" of the children. Contrary to the mother's argument, the evidence sufficiently supports the lower court's best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-24-00002-CV, Categories: evidence, family Law
J. Eklund finds that although the husband made the $15,000 payment from his deferred compensation account prior to the couple's signing of their dissolution agreement, the lower court properly found the payment satisfied his obligation because the payment was made less than one month before the agreement was signed and it was consistent with the unambiguous terms of the agreement. Meanwhile, even though the separation agreement required the husband to make payments for the wife's student loans, the parties "side agreement" to forego such payments and the wife's decision not to attempt collection for over six years after their divorce supported the court's decision to find she relinquished any right to the payments. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: April 29, 2024, Case #: 2024-Ohio-1646, Categories: evidence, family Law
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: evidence, family Law, Attorney Fees
Per curiam, the court of civil appeals finds that the lower court properly determined the child to be dependent and awarded sole custody to the maternal grandparents. The father contends that the lower court erred by "finding the child dependent as to him." However, the record shows that the mother abandoned the child by relinquishing her rights to the grandparents, meaning the dependency ruling was appropriate. Also, there was no abuse of discretion with the custodial ruling. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0616, Categories: evidence, family Law
J. Silva finds that the lower court properly terminated the parental rights of the mother to her two children. Contrary to the mother's arguments on appeal, the evidence sufficiently supports the statutory grounds for termination and the lower court's best interest finding. There was evidence of drug use by the mother while she was pregnant. There was also evidence that she failed to complete her service plan and testimony that the children's current foster placement is with a "loving home." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: April 25, 2024, Case #: 13-23-00591-CV, Categories: evidence, family Law
J. Garcia finds that the lower court properly entered an order in this suit to modify the parent-child relationship. The order required the mother to pay child support to the father, and the mother now argues that the evidence was insufficient to establish "a material and substantial change of circumstances." However, the record does not contain certain interviews, and there is a presumption that "the missing evidence supports the trial judge's finding." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 05-23-00392-CV, Categories: evidence, family Law
J. Gallagher finds the trial court improperly determined the husband's sale of several investment products and dissipation of more than $60,000 from a checking account constituted financial misconduct. The profits from the investments were used to satisfy tax obligations, while the money from the checking account was wired to the wife's attorney or used to make mortgage payments on the marital residence; therefore, the award of $500,000 to the wife for financial misconduct will be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1585, Categories: evidence, family Law
J. Boyle finds the trial court properly determined the husband's retirement and substantial decrease in income represented a change in circumstances that allowed for a reduction in his spousal support payments, while the reduction from $12,000 to $2,500 per month was also reasonable, given the husband's modified income and the wife's current earning potential. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: April 25, 2024, Case #: 2024-Ohio-1581, Categories: evidence, family Law
J. Hixson finds the circuit court properly terminated the parents' rights to their children based on sufficient evidence. The department was granted a petition for emergency custody and dependency-neglect after the mother tested positive for multiple drugs when giving birth. It then found each parent to be in partial and minimal compliance with the original case plan for reunification. Though certain evidence shows the parents were bonded with the children, the bond is not sufficient to prevent termination. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 24, 2024, Case #: CV-23-785, Categories: evidence, family Law, Guardianship