Justia Family Law Opinion Summaries

Mother and Stepfather appealed the juvenile court's finding that Minor's biological father (Bio-Father) was a Kelsey S. father. The Court of Appeal held that the juvenile court's paternity finding was barred by collateral estoppel and reversed the juvenile court's finding that Minor had three parents; the juvenile court reasonably concluded that Minor would benefit from visits with Bio-Father, and the juvenile court did not abuse its discretion by ordering visitation; and the juvenile court reasonably concluded that there was a need for ongoing supervision. View "In re M.A." on Justia Law

Mother and Stepfather appealed the juvenile court's finding that Minor's biological father (Bio-Father) was a Kelsey S. father. The Court of Appeal held that the juvenile court's paternity finding was barred by collateral estoppel and reversed the juvenile court's finding that Minor had three parents; the juvenile court reasonably concluded that Minor would benefit from visits with Bio-Father, and the juvenile court did not abuse its discretion by ordering visitation; and the juvenile court reasonably concluded that there was a need for ongoing supervision. View "In re M.A." on Justia Law

The Court of Appeal affirmed the trial court's renewal of a domestic violence restraining order against defendant with whom plaintiff shared a minor child. The court held that the trial court was within its discretion to conclude that the totality of the evidence indicated it was more probable than not there was a sufficient risk of future abuse to find that plaintiff's apprehension was genuine and reasonable. Therefore, the trial court did not err in renewing the restraining order. The court also held that the trial court's order modifying the parenting plan to prohibit defendant from attending extracurricular activities during plaintiff's parenting time unless she gave him written permission was not vague and overbroad. Furthermore, the trial court did not abuse its discretion in modifying the order where it implicitly considered the child's best interest. View "Rybolt v. Riley" on Justia Law

The Court of Appeal affirmed the trial court's renewal of a domestic violence restraining order against defendant with whom plaintiff shared a minor child. The court held that the trial court was within its discretion to conclude that the totality of the evidence indicated it was more probable than not there was a sufficient risk of future abuse to find that plaintiff's apprehension was genuine and reasonable. Therefore, the trial court did not err in renewing the restraining order. The court also held that the trial court's order modifying the parenting plan to prohibit defendant from attending extracurricular activities during plaintiff's parenting time unless she gave him written permission was not vague and overbroad. Furthermore, the trial court did not abuse its discretion in modifying the order where it implicitly considered the child's best interest. View "Rybolt v. Riley" on Justia Law

E.K. (Mother) appealed the termination of her parental rights as to her three children. A petition pursuant to Welfare and Institutions Code section 300 was filed in 2016, as to three minors, then age three years, two years, and 20 months, respectively. The children’s father, R.R., died of a heroin overdose a month prior. The petition alleged that mother was unable to provide adequate care for the children and endangered them as a result of her abuse of controlled substances and her untreated mental health issues. The petition was sustained on June 15, 2016, and reunification services were ordered. Mother had overdosed on heroin several times before the petition was filed. She overdosed again in August 2016. Ultimately, reunification services were terminated. The children were placed in a prospective adoptive home. Parental rights were terminated on October 2, 2017. Mother filed a timely notice of appeal on October 5, 2017. The sole issue Mother raised was lack of compliance with the Indian Child Welfare Act of 1978, or ICWA (25 U.S.C. 1901, et seq.), and with Welfare and Institutions Code sections 224 et seq. The Court of Appeal agreed with Mother’s contention, and conditionally reversed and remanded for compliance with those statutes. View "In re K.R." on Justia Law

E.K. (Mother) appealed the termination of her parental rights as to her three children. A petition pursuant to Welfare and Institutions Code section 300 was filed in 2016, as to three minors, then age three years, two years, and 20 months, respectively. The children’s father, R.R., died of a heroin overdose a month prior. The petition alleged that mother was unable to provide adequate care for the children and endangered them as a result of her abuse of controlled substances and her untreated mental health issues. The petition was sustained on June 15, 2016, and reunification services were ordered. Mother had overdosed on heroin several times before the petition was filed. She overdosed again in August 2016. Ultimately, reunification services were terminated. The children were placed in a prospective adoptive home. Parental rights were terminated on October 2, 2017. Mother filed a timely notice of appeal on October 5, 2017. The sole issue Mother raised was lack of compliance with the Indian Child Welfare Act of 1978, or ICWA (25 U.S.C. 1901, et seq.), and with Welfare and Institutions Code sections 224 et seq. The Court of Appeal agreed with Mother’s contention, and conditionally reversed and remanded for compliance with those statutes. View "In re K.R." on Justia Law

Joseph Connolly appealed various orders entered during his long-running dispute with his ex-wife Diane Connolly over spousal and child support arrearages. Joseph challenged a 2015 order that denied his motion to terminate the jurisdiction of California courts over his support obligations and imposed interest, under California law, on a judgment of consolidated arrearages obtained in Utah. He also challenged a 2016 order that denied his motion to stay enforcement of the 2015 order. At the heart of his appeal, Joseph's claimed: (1) California lacked jurisdiction to enter the orders because the Utah judgment on arrearages was the “controlling order” under the Uniform Interstate Family Support Act (UIFSA); and (2) by adding interest to the arrearages, California failed to grant full faith and credit to the Utah judgment, which did not include interest. The California Court of Appeal concluded that the judgment entered in Utah was not a controlling order under UIFSA, but nonetheless the trial court erred in adding California interest to this final money judgment. The Court reversed the portion of the 2015 order that purported to add interest to the Utah judgment and remanded for further proceedings. View "In re Marriage of Connolly" on Justia Law

Minors N.C., P.G., J.G., and D.G. appealed orders denying the Imperial County Department of Social Services' petition to remove them from the care of their paternal aunt under Welfare and Institutions Code sections 387 and 361.3. Minors contended that in view of the court's finding that the three youngest children were diagnosed with nonorganic failure to thrive while in their aunt's care, the court erred in determining that continued placement with their aunt was appropriate and in their best interests. The Court of Appeal agreed, concluding the trial court abused its discretion in ordering the children to remain with a caregiver who failed to provide adequate food to them, causing serious injury to the health and well-being of the three youngest children. View "In re J.G." on Justia Law

Minors N.C., P.G., J.G., and D.G. appealed orders denying the Imperial County Department of Social Services' petition to remove them from the care of their paternal aunt under Welfare and Institutions Code sections 387 and 361.3. Minors contended that in view of the court's finding that the three youngest children were diagnosed with nonorganic failure to thrive while in their aunt's care, the court erred in determining that continued placement with their aunt was appropriate and in their best interests. The Court of Appeal agreed, concluding the trial court abused its discretion in ordering the children to remain with a caregiver who failed to provide adequate food to them, causing serious injury to the health and well-being of the three youngest children. View "In re J.G." on Justia Law

In 2014, W.S. filed a petition to establish a parental relationship, claiming to be daughter’s biological father. He stated he had a relationship with S.T., daughter’s mother, while she was married to, but separated from, her husband with whom she later reconciled. W.S. requested joint legal and physical custody, equal time visitation, and mediation to work out a parenting plan. He also requested daughter’s last name be changed. The trial court denied W.S.’s requests, finding he was not a presumed parent within the meaning of Family Code section 7611(d). The court of appeal affirmed, upholding the lower court’s determination that “receiving daughter into his home” under the statute required more than physically taking daughter into his home and required regular visitation and the assumption of parent-type obligations. The court also rejected W.S.’s argument that as daughter’s biological father, he had a right to visitation under section 3100 notwithstanding his failure to achieve status as a presumed parent. Equal protection challenges to the statute were “conclusory” and unsupported. View "W.S. v. S.T." on Justia Law