Justia Family Law Opinion Summaries

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

The Court of Appeal affirmed the juvenile courts order terminating her parental rights to R.H., an Indian child, and selecting adoption as his permanent plan. The court held that the juvenile court could implicitly conclude that the Tribe had no present interest in participating in the determination of R.H.'s permanent plan; R.H. has never had any contact with the Tribe and was bonded to his prospective adoptive parents, with whom he has lived since he was four months old; and there was good cause to depart from the Indian Child Welfare Act's, 25 U.S.C. 1901 et seq., placement preferences. Furthermore, the court declined to consider Mother's proffered additional evidence. View "In re R.H." on Justia Law

Before marrying Claudia, Mathew downloaded a form and drafted a premarital agreement, describing Claudia's rights in real property owned by Matthew. Matthew retained attorney Chernick to represent Claudia. Chernick advised Matthew to seek independent legal counsel. Matthew stated he would represent himself. Chernick spoke to Claudia outside Matthew’s presence, revised the agreement and, on March 5, sent a red-lined version to both, containing additional provisions and stating that each party had had more than seven days to review the agreement before executing it. The parties signed a final version on March 6. Matthew executed a waiver of legal counsel. The parties separated. Claudia sought enforcement of the agreement. The court of appeal affirmed that the agreement was unenforceable under Family Code 1615(c)(2), because Matthew was not presented with the final version of the agreement at least seven days before its execution and, under Family Code 1615(c)(3), because Matthew had not been provided with a written advisement of the rights he was relinquishing and did not execute a waiver of those rights. When the evidence shows an unrepresented party to a premarital agreement was not provided with the seven-day review period, the agreement’s recitation that the review period was provided is not binding. Section 1615(c)(3) applies to an agreement that was initially generated by the unrepresented party. View "Marriage of Clarke & Akel" on Justia Law

Father appealed from the order terminating his parental rights to his daughters under Welfare and Institutions Code section 366.26. The Court of Appeal agreed with Father that there was an inadequate investigation of Mother's claim of Indian ancestry under the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. 1901 et seq. In this case, although the name of the tribe Mother identified did not directly correspond to that of a federally recognized Indian tribe, the Department failed to satisfy is affirmative obligation to interview family members and others who could be expected to have relevant information concerning the children's status, and the juvenile court failed to ensure an appropriate inquiry had been conducted before concluding ICWA did not apply to these proceedings. Accordingly, the court remanded to allow the Department and the juvenile court to remedy that violation. The court otherwise affirmed the order. View "In re Elizabeth M." on Justia Law

The Court of Appeal reversed the juvenile court's jurisdictional findings regarding Mother's two children. Mother is schizophrenic and suffered from manic episodes. The court held that substantial evidence did not support the juvenile court's finding that the father failed to protect the children from Mother's dangerous conduct or that Mother's condition created a substantial risk of physical harm to the children in the future. In this case, the juvenile court's intervention was not needed because no one was injured and the family immediately took steps to resolve the problem. Nor was there any reason to believe that the father and the family would be unable to safely handle any future problems. View "In re A.L." on Justia Law

In a previous appeal, the court concluded that the minors’ mother revoked maternal uncle Rafael’s Indian custodian status under the Indian Child Welfare Act, 25 U.S.C. 1901, shortly after the children were detained. The court determined that compelling evidence supported the refusal to place the minors with Rafael as an extended family member—an ICWA "preferred placement"—given their special needs and Rafael’s cognitive deficits. The court rejected Rafael’s challenge to permanent plan orders continuing long-term foster care, concluding that Rafael was no longer a party to the dependency proceedings. While those appeals were pending, Rafael filed a new action, attacking a permanent plan order continuing the minors in foster care. Rafael argued that active efforts have not been made to prevent the breakup of the Indian family, specifically with regards to visitation; and that foster care was neither necessary nor appropriate, as he is willing and able to take custody. The court of appeal dismissed, finding that Rafael lacked standing. The minors have been in permanent plans for several years, so services should be tailored to support their compelling need for stability and permanency. Rafael can continue to appear in juvenile court and request visitation as an interested relative and the Tribe remains involved, arguing for increased contact among the minors, Rafael, and the grandmother. Rafael only lacks standing to challenge the minors’ permanent plans. View "In re E.R." on Justia Law

T.C. appealed the juvenile court's dispositional order placing her minor daughter, A.F., in the care of her paternal grandmother, Donna F. T.C. contended the court erred by failing to comply with the placement preferences required under the Indian Child Welfare Act (ICWA) (25 U.S.C. 1901 et seq.) and argued the juvenile court should have continued A.F.'s placement with T.C.'s maternal cousin. The Court of Appeal agreed with the Agency that the juvenile court's dispositional order complied with the applicable placement preferences and affirm the order. View "In re A.F." on Justia Law

Fred Kamgar appealed a judgment ordering him to pay his wife Moira Kamgar $1,952,056.50 for breach of his spousal fiduciary duties in failing to disclose to her that he engaged in options trading, and traded an additional $8 million more than the $2.5 million in community assets she agreed he could trade in their investment account. The trial court determined Fred’s undisclosed and reckless trading resulted in a loss of almost $4 million, in addition to losing the initial $2.5 million. Fred contended the evidence did not support the conclusion he violated his fiduciary duties. Moira contended she was entitled to more than the $1.9 million award she received as her community interest in the $4 million loss. Finding the law and the evidence amply supported the trial court’s award, the Court of Appeal affirmed. View "In re Marriage of Kamgar" on Justia Law

Cynthia Vargas appealed a court order awarding father Christopher Ross primary physical custody of their minor children. Vargas was awarded temporary custody while Ross was deployed overseas. Upon his return, the issue of the children’s custody went to trial. Mother and father both testified at trial and numerous family court services reports, along with the mediators’ recommendations, were admitted into evidence. At the conclusion of trial, the court said if it were ruling on “straight best interest analysis, what’s in the best interest of [the children], my ruling would be that mother should be the primary custodial parent." However, the court found the case law interpreted the military deployment presumption in Family Code section 3047 to mean the children would return to the father once he returned. Mother argued the trial court misinterpreted section 3047, and the Court of Appeal agreed. The trial court was directed to evaluate the evidence and issue a custody order based on the best interest of the children, and consistent with the Legislature’s intent and the express terms of section 3047. View "In re Marriage of Vargas & Ross" on Justia Law