Justia Family Law Opinion Summaries

Connie and Kevin Sailer are the paternal grandparents of E.D.S. and E.R.S. Justin and Natasha Sailer are the children’s parents. When the parents divorced, they stipulated that Natasha would have primary residential responsibility of the children, with Justin having parenting time until 2022. After 2022, the judgment provides the parties share residential responsibility if Justin has no alcohol-related incidents. In July 2020, an altercation occurred between the grandparents and the parents. While the parties differed in their accounts of what occurred, it was undisputed that the children witnessed the altercation. The children have not had contact with their grandparents since the altercation, apart from the grandparents having attended some of the children’s sporting events. The grandparents filed a petition for nonparent visitation, which was opposed by Natasha Sailer. The district court dismissed the grandparents’ petition for failure to plead a prima facie case, finding they did not plead sufficient facts to establish that they have a substantial relationship with the children or that denial of visitation would result in harm to the children. The grandparents appeal the court’s order dismissing their petition. Finding no reversible error in dismissing the petition, the North Dakota Supreme Court affirmed the district court. View "Sailer, et al. v. Sailer, et al." on Justia Law

B.C., by and through his parent Michelle Cox, appealed from a district court judgment affirming the Department of Human Services (“Department”) decision to deny autism voucher program funding for a gazebo. B.C. argued the Department’s rationale for rejecting the Administrative Law Judge’s (ALJ) recommendation was insufficient, its interpretation of its regulation was unreasonable, and its conclusions of law were not supported by its findings of fact. After review of the agency and trial court record, the North Dakota Supreme Court concluded the agency unreasonably interpreted the regulation, and its conclusions of law were not supported by its findings of facts. The Supreme Court reversed the district court judgment affirming the Department’s denial of the autism voucher program funding for the gazebo. View "B.C. v. NDDHS" on Justia Law

Wife Olivia Seels Smalls died during the pendency of her divorce from Husband Joe Truman Smalls. The couple accumulated significant assets, including the marital home; eighteen rental properties; and multiple retirement, checking, savings, and investment accounts. Both parties worked during the marriage and contributed to the acquisition of the marital assets. The parties separated in July 2014 when Wife left the marital home. On October 10, 2014, Wife filed the underlying action seeking an order that would, among other things: (1) allow her to live separate and apart from Husband pendente lite and permanently; (2) restrain Husband from harassing her or cancelling her health insurance; (3) permit her to enter the marital home to retrieve her personal belongings; (4) provide separate support and maintenance and/or alimony pendente lite and permanently; and (5) equitably apportion the marital property. Wife alleged she was in poor health and had been subjected to an extended pattern of abusive behavior from Husband, which escalated after she underwent surgery for lung cancer in 2013. Wife also alleged Husband committed adultery at various times during their marriage. Husband filed an answer denying the allegations and asserting counterclaims. He likewise sought a divorce and equitable apportionment of the marital assets. The parties engaged in mediation, but Wife suffered a recurrence of cancer and they never formally entered into a signed agreement resolving their dispute. The issue this case presented for the South Carolina Supreme Court's review centered on whether the family court properly retained jurisdiction to rule on the apportionment of the marital property of the parties when the Wife died. The Court ruled the appellate court did not err in determining the family court properly retained jurisdiction to rule. View "Seels v. Smalls" on Justia Law

In this complaint brought under 42 U.S.C. 1983 and 42 U.S.C. 1985(3) relating to the custody of Plaintiffs' children, the Seventh Circuit affirmed the judgment of the district court dismissing this suit seeking damages for alleged violations of Plaintiffs' constitutional rights to familial integrity, free exercise of religion, and due process of law, holding that there was no error.Plaintiffs brought this action seeking money damages and equitable relief for actions Defendants took with respect to three of their daughters. On appeal, Plaintiffs challenged the dismissal of their claims for money damages regarding the custody of S.M. and D.M. The Seventh Circuit affirmed, holding (1) the judge properly dismissed as untimely all claims relating tot he custody of S.M.; and (2) as to the remaining claims, the trial judge properly concluded that the complaint failed to allege conduct plausibly exposing Defendants to liability and that other claims were foreclosed by absolute immunity. View "Milchtein v. Milwaukee County" on Justia Law

John Doe (Father) appealed a magistrate court’s decision to terminate his parental rights to his three children: John Doe I (age 12), Jane Doe (age 11), and John Doe II (age 7). The children and their biological mother (Mother) lived in Idaho when the Idaho Department of Health and Welfare (the Department) petitioned to terminate Mother’s parental rights. Mother eventually voluntarily stipulated to the termination of her rights. Father resided in Tennessee during these proceedings and could not be located by the Department for several months. The Department amended its original petition in Idaho to establish jurisdiction over Father. The Department then moved to obtain authorization to serve the petition on Father by publication in the Tennessee city where Father resided. The magistrate court granted the Department’s request. Ultimately, Father was located in Tennessee and accepted personal service. The Department then filed petitioned to terminate his parental rights. Father participated in the termination trial via Zoom from Tennessee. Throughout the proceeding, Father’s internet connection proved to be unreliable, and he was repeatedly disconnected from the proceeding. Father rejoined the proceeding when the connection was reestablished. Father moved to continue the trial because of the connectivity issue, which the magistrate court denied, noting that it had given the parties the option of joining the proceedings remotely, but that they were required to ensure they had a reliable internet connection. Following the trial, the magistrate court terminated Father’s parental rights based on the grounds of abandonment, neglect, and the inability to discharge parental responsibilities. Father appealed. Finding no reversible error in the magistrate court's judgment, the Idaho Supreme Court affirmed it. View "IDHW v. John Doe" on Justia Law

Defendant, a mother of ten children, was accused of physically abusing several of her children. In November 2017, the court sustained allegations of a petition and ordered the children removed from the parents. Throughout the proceedings, DCFS was given contact information for and/or had contact with a variety of extended family members. However, there was no indication in the record that an ICWA inquiry was made of any of these extended family members.Defendant claims that CFS failed to make an adequate ICWA inquiry because it did not of certain family members. Thus, Defendant asked the court to send the case back to the juvenile court. DCFS countered that Defendant denied any Indian ancestry, which is sufficient to end the inquiry.The Second Appellate District found that there was no evidence conflicting with Defendant's statement that her children were not of Indian ancestry. Additionally, the court concluded that the juvenile court did not abuse its discretion by finding that DCFS made a proper and adequate inquiry and acted with due diligence. And finally, even if the juvenile court erred by finding DCFS’s inquiry adequate, that error was not prejudicial. View "In re Ezequiel G." on Justia Law

A married couple with two children legally separated. They agreed the father would pay the mother child support while they lived at separate residences and alternated custody of the children. This arrangement was incorporated into a separation decree. But instead of living apart, the couple continued to live together with the children at the marital home. During this time, the father paid the majority of the household expenses, but never paid the agreed-upon court-ordered child support. After three years of maintaining this arrangement, the couple divorced and the mother sought to collect the father’s accrued child support arrears. The father moved to preclude collection under Alaska Civil Rule 90.3(h)(3), and the superior court granted his motion. The mother appealed, contending that the plain language of Rule 90.3(h)(3) required an obligor-parent to exercise primary physical custody of a child before preclusion can apply. The Alaska Supreme Court noted it had previously recognized that the equitable principles underlying Rule 90.3(h)(3) could support preclusion in some circumstances that do not fit neatly within the Rule’s plain language. Because these principles applied to the unique circumstances of this case, the Supreme Court affirmed the superior court’s order precluding collection of the arrears. View "Aparezuk v. Schlosser" on Justia Law

The Supreme Court affirmed the judgment of the county court dismissing Appellant's petition for appointment of a guardian over her daughter, Appellee, holding that the county court did not err in excluding a report created by the guardian ad litem (GAL) from evidence.After Appellee was arrested and detained Appellant petitioned to have the Office of the Public Guardian appointed as guardian over Appellee. The GAL then filed its report regarding Appellee's medical history. After a trial, the county court granted Appellee's motion to dismiss, ruling that Appellant had failed to make a prima facie case for appointment of a permanent guardian. View "In re Guardianship of Jill G." on Justia Law

The Court of Appeals reversed the judgment of the court of special appeals affirming the circuit court's award of custody of T.K. under Md. Cts. & Jud. Proc. 3-819(e) to a previously non-custodial father, holding that the juvenile court erred by failing to hold an evidentiary hearing before awarding Father sole legal and physical custody of T.K.At issue was the mechanics of the application of 3-819(e) to situations in which a local department of social services has limited knowledge about one of a child's parents until after an adjudicatory hearing has concluded. The Court of Appeals reversed the decision of the circuit court, sitting as a juvenile court, awarding custody in this case, holding that because the record did not contain evidence that Father was able and willing to care for the child and because there was no stipulation to that effect, and because Mother was not given the opportunity to present evidence informing the court's best interest analysis, remand was required. View "In re T.K." on Justia Law

The Supreme Court reversed the judgment of the court of appeals dismissing Appellant's complaint seeking a writ of procedendo against the Cuyahoga County Court of Common Pleas, Division of Domestic Relations, holding that Appellant was entitled to a writ of procedendo.M.D., the defendant in a divorce case, commenced this procedendo action in the court of appeals seeking a writ of procedendo compelling the domestic relations court to proceed in the divorce case and a domestic violence civil protection order (DVCPO) case, both of which had been pending since May 31, 2017. The court of appeals dismissed the action. The Supreme Court reversed, holding that the divorce and DVCPO cases far exceeded the time frames stated in the guidelines set by the Rules of Superintendence for the Court of Ohio. View "State ex rel. M.D. v. Kelsey" on Justia Law