Justia Family Law Opinion Summaries

D.R., born in November 2004, lived with her maternal grandmother since she was an infant and was “thriving” in her grandmother’s care. D.R.’s two half siblings lived separately with mother and their father in the same apartment building. Dependency proceedings were initiated in 2013, following a violent incident involving the father of D.R.’s two half-siblings. Mother failed to comply with reunification plans. D.R.’s father, who initially was described as “whereabouts unknown,” eventually was located living at the home of his mother and stepfather. Father had been convicted of statutory rape of D.R.’s mother and did not see D.R. after he was released from incarceration. His name was not on D.R.’s birth certificate. Father visited D.R. for a four-month period during the dependency proceedings, after which he stopped visiting. Father did not attend conjoint therapy with D.R. As D.R.’s permanent plan, the juvenile court selected legal guardianship over adoption by her grandmother. The court of appeal reversed, holding that the trial court was required to select the more permanent plan of adoption. No substantial evidence supported the court’s rationale for selecting legal guardianship instead of adoption. View "In re D.R." on Justia Law

In 2013, the juvenile court terminated reunification services for B.B. (Father) and appointed H.B.'s (the minor) maternal aunt as legal guardian. In 2016, the San Diego County Health and Human Services Agency filed a new petition under Welfare and Institutions Code section 300 and sought to terminate the guardianship. Father petitioned for extraordinary relief for review of the juvenile court's order terminating the guardianship and setting a section 366.26 hearing to determine a new permanent plan for H.B. He contended the Agency erred when it filed a new section 300 petition instead of a petition under section 388 to terminate the guardianship. He argued this error was prejudicial because it denied him the opportunity to seek reunification services at a 60-day review hearing following termination of the guardianship. The Court of Appeal concluded any error was harmless and denied Father's writ petition. View "B.B. v. Super. Ct." on Justia Law

After Donn Michael Schu and Genise Gomez filed for divorce, Schu paid Gomez $500 per month temporary spousal support. Gomez became sexually attracted to her son's best friend while he was still a child. Gomez subsequently pled no contest to seven counts of unlawful sexual conduct with a minor, and was sentenced to six years in prison. The trial court denied Gomez support under Family Code section 4320, subdivisions (i), (m), (n), and (k). Gomez contends that the trial court abused its discretion in allowing Schu to introduce evidence of fault and by using that evidence to deny support. The court explained that it need not consider what role the fault of a party may have on the award of spousal support in the ordinary case. However, in this case, the court concluded that the trial court was more that justified in denying Gomez spousal support under section 4320, subdivision (n). The trial court also took into account the balance of the hardships to each party and that Gomez had assets of her own. Accordingly, the court affirmed the judgment. View "Marriage of Schu" on Justia Law

Respondent is a successful director and producer. After the trial court granted respondent's request to reduce his monthly child support payment to $9,842, from the original amount entered into at the time of dissolution of $17,500, appellant claimed that respondent’s reduced income did not constitute a material change in circumstances in light of his extreme wealth. Appellant further contends that the trial court imputed an unreasonably low rate of return to respondent’s substantial assets, valued at over $67 million. The court concluded that substantial evidence did not support the trial court’s finding of a material change in respondent’s circumstances for purposes of meeting his child support obligation; in light of respondent’s overall wealth, the reduction in his employment income did not materially impair his ability to pay the agreed upon child support; and the trial court imputed an unreasonably low rate of return to respondent’s tens of millions of dollars in assets. View "In re Marriage of Usher" on Justia Law

Mother appeals from the termination of her parental rights over her daughter, Charlotte V., on the ground the juvenile court failed to comply with the strict notice requirements specified in the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901 et seq. A juvenile dependency petition alleged that Mother repeatedly rammed her car into Father's while Charlotte was sitting in the back seat of Mother's car; Mother also brandished a loaded handgun at Father; the handgun was within Charlotte's reach inside the car; Mother and Father wrestled for the handgun; and Father was arrested for concealing a firearm and Mother was arrested for child endangerment. The court concluded that the record contains substantial evidence of proper notice to the Blackfeet Nation where DCFS provided two notices by certified mail to the tribe containing information about Mother, Father, and Charlotte's grandmother and uncle; the Blackfeet Nation was given a copy of Mother's tribal identification card and number as well as information about Mother's time at the reservation and Charlotte's health care at a health clinic on the reservation; and, because Charlotte claims Indian ancestry from Mother, that information would be sufficient for meaningful review. Accordingly, the court affirmed the judgment. View "In re Charlotte V." on Justia Law

The children, ages two and four, were detained after their parents‘ residence was raided by the Mendocino Major Crimes Task Force. Both parents allegedly had substance abuse problems. Father was in Mendocino County jail. Months later, the court ordered the children to be returned to Mother under a family maintenance plan. Weeks later, Mother was arrested in another raid; drug paraphernalia and honey oil were found within the children‘s reach. The children were detained. Father‘s reunification services were later terminated for lack of compliance. Mother’s services were terminated for lack of compliance and inability to have the children returned to her by the 12-month review. Over mother‘s objection, visitation was later terminated, due to distance. The court eventually terminated parental rights. The parents appealed, arguing failure to comply with the notice requirements of the Indian Child Welfare Act, 25 U.S.C. 1901. The minors‘ possible Wailaki Native American ancestry was first noted in the initial petition. Father‘s attorney informed the court that Father had provided to the social worker a completed ICWA-020 form indicating he had both Wailaki and Pomo heritage. The court of appeal reversed the termination of parental rights. Not all of the Pomo Indian Bands were noticed. View "In re: O.C." on Justia Law

All parties to this matter appealed a district court’s judgment. Orange County Social Services Department (SSA) sought to remove Z.G. and I.L. from their parents’ custody, C.G. (Mother) and H.L. (Father), after Children’s sibling, H.L., Jr. (Junior), died. The juvenile court found Parents’ “neglect” was a cause of Junior’s death. Despite the Parents essentially doing nothing to move the family towards reunification, the court found reunification was in the “best interest” of Children. The Parents appealed the jurisdiction and disposition orders and argued there was insufficient evidence to support the court’s finding their neglect was a cause of Junior’s death. Thus, they contend the court erred by concluding Children were subject to jurisdiction under section 300, subdivision (f), and that Parents were subject to the reunification services bypass provisions of section 361.5, subdivision (b)(4). The Children appealed the disposition order and contended there was insufficient evidence to support the finding reunification with Parents is in the best interest of Children. Hence, they argued, the court abused its discretion by ordering reunification services for Parents under section 361.5, subdivision (c). SSA joined the Children’s argument. After review, the Court of Appeals concluded there was sufficient evidence to support the court’s finding Parents’ neglect was a cause of Junior’s death, but there was insufficient evidence to support the court’s finding reunification with Parents was in Children’s best interest. Therefore the court abused its discretion by ordering reunification services for Parents. Consequently, the Court reversed that portion of the disposition order, but affirmed the jurisdiction and disposition orders in all other respects. View "In re Z.G." on Justia Law

Contra Costa County Children and Family Services filed petitions concerning P.W., then 12 years old, and his sister, M.W., 11, alleging Mother caused P.W. serious physical harm during an altercation and her untreated mental condition impaired her ability to adequately parent. The children reported that they did not feel safe. Family members and close friends reported concern for the children’s well-being and had asked Mother to seek treatment, suspecting she might be bipolar. The children were placed in foster homes. Mother was granted supervised visitation. The disposition report advised that Mother had several previous dependency cases since 1994. Her parental rights to two other children had been terminated. There was an earlier dependency case involving P.W. and M.W., which concluded in reunification. Mother did not appear at a continued permanency review hearing 18 months later. The court found that returning the children to Mother’s custody would create a substantial risk of detriment to the children’s safety and physical or emotional well-being, remarking this was “not even a close call.” It found Mother had been offered reasonable reunification services and declined to continue the matter, noting that the children still feared Mother and opposed visitation. The court scheduled a hearing for terminating Mother’s reunification services. The court of appeal declined Mother’s petition to set aside the order scheduling that hearing. View "N.M. v. Superior Court" on Justia Law

Appellant Luis Fregoso appealed the superior court's grant of a domestic violence restraining order sought by his spouse, Adriana Hernandez. He contended the court abused its discretion because after the court issued a temporary restraining order (TRO), Hernandez invited him to a birthday party and had consensual sex with him. However, Hernandez testified that in one recent incident, Fregoso grabbed her forcefully enough to bruise her arm, and then held her face into a mattress so she could not breathe. Hernandez testified she was afraid of Fregoso, explaining that the consensual sex was part of their pattern of violence followed by attempted reconciliation. Because substantial evidence supported the court's finding of abuse under the Domestic Violence Protection Act (DVPA) the Court of Appeals affirmed the superior court’s order. View "Marr. of Fregoso & Hernandez" on Justia Law

Amber G. appealed a juvenile court order terminating her parental rights and ordering a permanent plan of adoption for her son, Isaiah S. Amber argued on appeal that the juvenile court: (1) did not ensure the San Diego County Health and Human Services Agency (Agency) complied with the relative placement statute (Welf. & Inst. Code 361.31); (2) abused its discretion by not exercising its independent judgment on the issue of relative placement' and (3) erred by not applying the sibling relationship exception to termination of parental rights. Finding no reversible error, the Court of Appeals affirmed the juvenile court's order. View "In re Isaiah S." on Justia Law