Justia Family Law Opinion Summaries

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A father of four was accused of sexually abusing his 12-year-old daughter, leading to the removal of his children from the home. The primary issue was whether the father's conduct, including washing his daughter's breasts during lengthy showers, could be considered normal caretaking or affection. The father argued that the superior court relied on facts not in evidence, violated his Fifth Amendment rights by drawing an adverse inference from his refusal to testify, and erred in concluding that his conduct amounted to sexual abuse.The Superior Court of the State of Alaska, Third Judicial District, Kenai, found all four children in need of aid on grounds of sexual abuse and neglect. The court noted that the father had invoked his right to remain silent, and it drew a negative inference from his silence, concluding that sexual contact had occurred. The court also found that the children were at substantial risk of being sexually abused because the mother failed to stop the father's conduct and continued to support him. The court issued a temporary custody and adjudication order, and later granted the State's petition for release of the children from state custody.The Supreme Court of the State of Alaska reviewed the case and affirmed the superior court's adjudication order. The court held that the superior court did not clearly err in making its factual findings and that it was permissible to draw an adverse inference from the father's refusal to testify. The court concluded that the father's conduct could not be reasonably construed as normal caretaking, interaction, or affection, and thus, the children were in need of aid due to sexual abuse. The court did not address other arguments raised by the father, as the adjudication of one child in need of aid was sufficient to sustain the order. View "Brad S. v. State" on Justia Law

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A grandmother petitioned for guardianship of her adult granddaughter, who had developmental disabilities and other health issues. In 2012, the Superior Court of Alaska found the granddaughter incapacitated and appointed the grandmother as her guardian. However, the guardianship was terminated in 2014 after the grandmother failed to submit a required report. From 2014 to 2022, the grandmother and the granddaughter’s sister provided informal care. In 2022, Adult Protective Services (APS) and medical providers raised concerns about the granddaughter’s care, leading APS to file a new petition for guardianship.The Superior Court of Alaska initially appointed a temporary guardian and later granted APS’s petition for full guardianship without a new finding of incapacity, relying on the 2012 determination. The granddaughter requested a jury trial on the issue of her capacity, but the court denied this request, applying the doctrine of issue preclusion, which prevents relitigation of issues already decided.The Supreme Court of Alaska reviewed the case and found that the Superior Court erred in applying issue preclusion to the granddaughter’s capacity. The court noted that capacity can change over time and that there was insufficient evidence to determine whether the facts regarding the granddaughter’s capacity were the same in 2012 and 2022. The court emphasized that APS, as the petitioner, had the burden of proving the granddaughter’s current incapacity. Consequently, the Supreme Court vacated the Superior Court’s order appointing a permanent guardian and remanded the case for further proceedings to determine the granddaughter’s capacity. View "In re Protective Proceeding of S.J." on Justia Law

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Lizette Aguilar petitioned for a domestic abuse protection order against Ana Valdez-Mendoza, her daughter's stepmother, under Neb. Rev. Stat. § 42-924. Aguilar alleged that Valdez-Mendoza physically assaulted her during a visit to drop off her daughter at the home of her ex-husband, Fernando Mendoza, who is married to Valdez-Mendoza. The district court issued an ex parte protection order, which was affirmed after a hearing. Valdez-Mendoza appealed, arguing that the court erred in concluding that she and Aguilar were related by "affinity" under Neb. Rev. Stat. § 42-903.The district court for Madison County found that Aguilar and Valdez-Mendoza had a relationship by "affinity" because Aguilar is related to her daughter, and the daughter's father is married to Valdez-Mendoza. The court overruled Valdez-Mendoza's motion to dismiss and affirmed the protection order, reasoning that the statutory phrase "related by affinity" was broad enough to include their relationship.The Nebraska Supreme Court reviewed the case and concluded that the district court erred in its interpretation of "affinity." The court defined "affinity" as the relationship arising from the marriage contract between one spouse and the blood relations of the other, not extending to Aguilar herself, who is not related by consanguinity to Mendoza. Therefore, Aguilar and Valdez-Mendoza were not related by affinity under § 42-903. The court reversed the district court's decision and vacated the protection order. View "Aguilar v. Valdez-Mendoza" on Justia Law

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Leanne Nester and Cody Gamble divorced in 2022, with custody arrangements for their two minor children outlined in the divorce decree. Gamble later moved to modify custody, and during the proceedings, a press organization requested media access, which the district court granted. Nester moved for reconsideration, seeking to close the hearing to protect sensitive information about the children, including medical and Child Protective Services records. The district court denied her motion, interpreting a previous case, Falconi v. Eighth Judicial District Court, as precluding closure of family law proceedings.The district court concluded it lacked discretion to close the hearing, stating there was no statute or rule allowing it. Nester then sought writ relief from the Supreme Court of Nevada, arguing that the district court misinterpreted Falconi and failed to consider her privacy interests and those of her children.The Supreme Court of Nevada reviewed the case and found that the district court erred in its interpretation of Falconi. The court clarified that Falconi does not prohibit the closure of family law proceedings but requires a case-by-case analysis to determine if closure is warranted. The court outlined that closure is permissible if it serves a compelling interest, there is a substantial probability that the interest could be harmed without closure, and no alternatives to closure would adequately protect the interest.The Supreme Court of Nevada granted Nester's petition, directing the district court to vacate its order denying the motion to close the hearing and to reconsider the motion using the test outlined in Falconi. The court emphasized the need for the district court to properly apply the factors to determine whether closure is justified. View "NESTER VS. DIST. CT." on Justia Law

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The State of Wyoming filed a petition against MF (Mother) and JF (Father) on June 22, 2020, alleging neglect of their minor children, JF and TF. Following a shelter care hearing, the juvenile court removed the children from the home and placed them in foster care. After a disposition hearing, the children remained in the custody of the Department of Family Services (the Department), with a permanency plan of family reunification. On January 19, 2024, after an evidentiary permanency hearing, the juvenile court changed the permanency plan to adoption.The juvenile court found that the Department had made reasonable efforts to reunify the family, but these efforts were unsuccessful. The court noted that Mother had made some progress but ultimately failed to consistently address the children's needs and safety concerns. The court also found that the children's best interests were served by changing the permanency plan to adoption, given their progress in foster care and the lack of stability and safety in Mother's care.The Wyoming Supreme Court reviewed the case and affirmed the juvenile court's decision. The court held that the juvenile court did not abuse its discretion in changing the permanency plan to adoption, as the Department had made reasonable efforts at reunification, which were unsuccessful. The court also found that the juvenile court's decision to cease reunification efforts with Mother was supported by Wyoming law, which allows for discontinuation of such efforts when they are inconsistent with the permanency plan.Additionally, the Wyoming Supreme Court held that Mother's due process rights were not violated by the denial of a continuance of the permanency hearing or by the juvenile court's evidentiary rulings. The court found that Mother had adequate notice and opportunity to be heard, and the juvenile court's decisions were within the bounds of reason. The court also declined to adopt Mother's request for a change in procedures to require compliance with the Wyoming Rules of Evidence in evidentiary permanency hearings. View "In the Interest of: JF v. The State of Wyoming" on Justia Law

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Taylor M. appealed a judgment from the District Court terminating her parental rights to her child, arguing that her due process rights were violated and that the court failed to comply with the Indian Child Welfare Act (ICWA). The child, born prematurely with various medical conditions, required extensive care. Taylor M., a registered member of the Mi’kmaq Nation, was largely absent during the child’s initial hospitalization. The Department of Health and Human Services filed for a child protection order, which was granted, and the child was placed with resource parents.The District Court held a jeopardy hearing in January 2023, finding clear and convincing evidence of jeopardy due to Taylor M.’s inability to care for the child. The court scheduled several hearings, but delays occurred, and the child’s resource parents moved out of state with the Department and tribe’s agreement. In October 2023, the Department filed a petition to terminate Taylor M.’s parental rights. At the consolidated hearing in January 2024, the court heard testimony from various parties, including the ICWA director for the Mi’kmaq Nation.The Maine Supreme Judicial Court reviewed the case and found that the District Court complied with ICWA requirements. The court determined that the Department made active efforts to reunify the family and that Taylor M. did not take significant steps to address the jeopardy. The court also found beyond a reasonable doubt that continued custody by Taylor M. would likely result in serious emotional or physical damage to the child. The court affirmed the termination of Taylor M.’s parental rights, concluding that the child’s placement with the resource parents was appropriate and in the child’s best interest. View "In re Child of Taylor M." on Justia Law

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Bonnie Campbell, a federal employee, and Michael Campbell, her ex-husband, entered into a divorce property settlement agreement in which Mr. Campbell waived his rights to Ms. Campbell's Thrift Savings Plan (TSP) account. Despite this agreement, Ms. Campbell did not remove Mr. Campbell as the beneficiary of her TSP account before her death. After her death, Mr. Campbell received the balance of the TSP account. The estate of Ms. Campbell (the Estate) sued Mr. Campbell for breach of contract to enforce the terms of the divorce settlement agreement.The Circuit Court for Montgomery County granted summary judgment in favor of the Estate on its breach of contract claim, awarding money damages. The court rejected Mr. Campbell's argument that the Federal Employees’ Retirement System Act of 1986 (FERSA) preempted the Estate's claim. The Appellate Court of Maryland reversed, holding that FERSA preempted the Estate's breach of contract claim.The Supreme Court of Maryland reviewed the case and held that FERSA does not preempt the Estate’s post-distribution breach of contract action. The court found that FERSA’s purposes, which include establishing a federal employee retirement plan and ensuring it is fully funded and financially sound, do not concern plan beneficiaries. The court also noted that FERSA’s provisions elevate the requirements of a qualifying state property settlement agreement over a deceased participant’s designated beneficiary, provided notice is given before payment. The court concluded that a post-distribution suit to enforce contractual obligations in a divorce property settlement agreement does not hinder any governmental interest in administrative convenience or avoiding double payment. The judgment of the Appellate Court was reversed, and the Circuit Court's judgment was affirmed. View "In re Isely" on Justia Law

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Jared and Brandi Boehm filed a petition to adopt Jared's three minor children without the consent of their biological mother, Brittney Ramirez, alleging she had failed to pay child support for twelve of the fourteen months preceding the petition. The trial court approved the adoption without Ramirez's consent, finding she had not complied with the child support order. Ramirez appealed the decision after the final Decree of Adoption was filed.The Court of Civil Appeals affirmed the trial court's decision, excluding federal stimulus payments received by the father from consideration in evaluating Ramirez's compliance with the child support order. Ramirez then sought certiorari, arguing that the stimulus payments should have been considered.The Supreme Court of the State of Oklahoma reviewed the case and found that the trial court's refusal to consider the economic stimulus payments, which were received by the father and credited to Ramirez's child support debt, was an abuse of discretion. The court determined that the evidence did not support a finding that Ramirez had willfully failed to pay child support in substantial compliance with the court order for twelve consecutive months. The Supreme Court vacated the Court of Civil Appeals' decision, reversed the trial court's ruling, and remanded the case for further proceedings consistent with its opinion. View "IN THE MATTER OF THE ADOPTION OF N.J.B." on Justia Law

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Michael Jones purchased Series EE federal savings bonds during his marriage to Jeanine Jones, designating her as the pay-on-death beneficiary. Upon their divorce, their divorce settlement agreement (DSA) did not specifically address the savings bonds but included a provision that any marital asset not listed would belong to the party currently in possession. The DSA also required Michael to pay Jeanine $200,000 in installments. After Michael's death, Jeanine redeemed the savings bonds and filed a creditor’s claim against Michael’s Estate for the remaining $100,000 owed under the DSA. The Estate argued that the redemption of the savings bonds satisfied Michael’s financial obligations to Jeanine.The trial court agreed with the Estate, ruling that the savings bonds counted towards Michael’s $200,000 obligation under the DSA and dismissed Jeanine’s claim for reimbursement. Jeanine appealed, and the Appellate Division reversed the trial court’s decision. The appellate court held that the federal regulations governing U.S. savings bonds preempted state law, and Jeanine was the sole owner of the bonds at Michael’s death. Therefore, the value of the redeemed bonds should not be credited towards the Estate’s obligations under the DSA.The Supreme Court of New Jersey reviewed the case and held that preemption was not an issue because N.J.S.A. 3B:3-14 does not conflict with federal regulations governing U.S. savings bonds. The Court found that the DSA did not direct the disposition of the savings bonds, and thus, the bonds should not be credited against Michael’s $200,000 obligation. The Court affirmed the Appellate Division’s judgment as modified, ruling that the Estate must make the remaining payments to Jeanine as required by the DSA. View "In the Matter of the Estate of Jones" on Justia Law

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The case involves D.H.E., the biological father of V.S., a minor. The Cook County circuit court found V.S. neglected due to an injurious environment and dependent due to his mother's disability. Consequently, V.S. was adjudged a ward of the court, and guardianship was granted to the Department of Children and Family Services (DCFS). D.H.E. appealed, arguing that the neglect finding violated his due process rights, was against the manifest weight of the evidence, and that the court failed to provide a factual basis for its disposition.The appellate court affirmed the circuit court's adjudication and disposition orders. It found that D.H.E.'s challenges related to the neglect finding were moot because he did not also challenge the dependency finding. The appellate court also upheld the disposition order, which granted guardianship and custody to DCFS based on the finding that D.H.E. was unable to care for V.S.The Illinois Supreme Court reviewed the case and affirmed the appellate court's judgment. The court held that D.H.E.'s appeal was moot because he failed to challenge the dependency finding, which alone was sufficient to support the wardship and disposition orders. The court also found that the collateral consequences exception to mootness did not apply, as no significant collateral consequences specifically tied to the neglect finding were identified. Therefore, the court did not address the remaining issues on appeal. View "In re V.S." on Justia Law