Justia Family Law Opinion Summaries

The Supreme Court vacated the order of the circuit court dismissing the underlying abuse and neglect petition, holding that the circuit court's conduct during in camera interview of the children violated the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings, the West Virginia Rules of Evidence, and Supreme Court precedent.The West Virginia Department of Health and Human Resources filed an abuse of neglect petition alleging that two minor children may have been sexually abused by Father. During the adjudicatory hearing, the circuit court conducted in camera interview of the children and accused the children of lying. The guardian ad litem for the children was present and failed to object to the court's conduct. Thereafter, the circuit court dismissed the abuse and neglect petition. The Supreme Court vacated the order below and remanded the matter for further proceedings before a different circuit judge with a new guardian ad litem, holding (1) the circuit court substantially disregarded and frustrated the procedures established by the relevant rules; and (2) the guardian ad litem's representation of the children was deficient. View "In re K.B.-R" on Justia Law

Ryan Poole and Laramie Rainer had a child in June 2013. Poole and Rainer’s relationship ended in late 2013. Poole was incarcerated from March 2013 to October 2014. In December 2013, when the child was six months old and Poole was still incarcerated, Rainer sought sole legal and primary physical custody. Poole requested joint legal and physical custody and visitation every weekend until he was out of prison. While no custody order was in place, Poole asserted on several occasions that Rainer did not facilitate sufficient visitation with the child following the end of their relationship. A custody trial took place in February 2015. The court found both parties on equal footing with regard to most of the statutory best interests factors. The court ruled that Rainer should have primary physical custody but that Poole’s time with the child should be increased. It issued a custody order in March 2015 awarding joint legal custody and primary physical custody to Rainer while Poole lived outside of Anchorage. Poole was given unsupervised visitation that gradually increased from six hours per week to one week per month. In November 2017 Poole moved to enforce the court’s March 2015 order, claiming that despite attempting to contact Rainer to set up visitation, Rainer ignored his messages and calls since March 2015 and, as a result, he had seen his child only twice since the March 2015 court order. In September 2018 Poole again moved to enforce the March 2015 order, claiming again that Rainer was not responding to phone calls, and “only two visitation[]s were successful.” In June 2020 Poole moved to modify physical custody. The superior court ultimately found a substantial change due to poor communication and one parent interfering with the other’s visits. However, because the Alaska Supreme Court lacked sufficient factual findings to determine whether there was a substantial change in circumstances or whether a lesser sanction would have ensured compliance with the court’s custody order, it reversed and remanded for additional findings. View "Rainer v. Poole" on Justia Law

The Supreme Court affirmed the orders entered by the district court in this divorce case, holding that there was no error in the proceedings below.On appeal, Husband argued that the district court erred by enforcing the parties' Mediated Settlement Agreement (MSA) and incorporating its terms into a decree of divorce, erred when it denied his motion for sanctions for Wife's alleged failure to disclose assets, and erred when it denied his motion to dismiss for forum non conveniens. The Supreme Court affirmed, holding (1) the district court did not err by incorporating the terms for the MSA into a decree of divorce; (2) the district court did not abuse its discretion when it denied the motion for sanctions as moot; and (3) the MSA resolved any outstanding issues relating to forum non conveniens. View "Pellet v. Pellet" on Justia Law

The Supreme Court affirmed the decree entered in the family court terminating Father's parental rights to his daughter, holding that there sufficient evidence to support the trial justice's finding that Father was unfit and that termination of his parental rights was in his daughter's best interest.After a hearing, the trial justice found that Father was unfit because his daughter had been in the legal custody or care of the Department of Children, Youth and Families for twelve months and Father failed to pursue the services offered him to correct the issues that led to the child's removal. The Supreme Court affirmed, holding that the trial court's findings were supported by the record and that there was no abuse of discretion in the proceedings below. View "In re Rachelle L-B." on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the judgment of the trial court terminating Father's parental rights to his child and remanded the case for a new trial, holding that it could not be discerned whether the jury terminated Father's rights on an invalid ground.The jury in this case ultimately found by clear and convincing evidence that both parents' rights to their child should be terminated, and the trial court rendered a final order of termination. The court of appeals affirmed as to both parents. Father appealed. The Supreme Court reversed, holding (1) the jury reasonably could have formed a firm belief or conviction that Father failed to maintain a safe and stable home environment as required by his service plan; (2) legally sufficient evidence supported the jury's best-interest finding; but (3) the trial court erred in submitting to the jury an invalid ground for termination of Father's rights, and it could not be determined whether the jury based its verdict on an improperly submitted termination ground. View "In re J.W." on Justia Law

The Supreme Court vacated the judgment of the district court dismissing Appellant's petition to establish grandparent visitation with her minor grandchildren for lack of subject matter jurisdiction, holding that the district court erred in determining that it lacked jurisdiction.The biological grandmother of the children at issue in this case, filed a petition to establish grandparent visitation with her minor grandchildren. The parents filed a motion to dismiss for lack of subject matter jurisdiction. The district court granted the motion to dismiss, concluding that it lacked subject matter jurisdiction over the petition because allowing the grandmother visitation would infringe on the parents' fundamental liberty interest in raising their children. The Supreme Court vacated the judgment, holding that the district court erred in concluding that it lacked subject matter jurisdiction. View "Kane v. Kane" on Justia Law

S.P.L. appealed a judgment denying his petition to terminate M.T.’s parental rights and adopt K.M.T. He argued the district court erred in denying his request to terminate M.T.’s parental rights and failing to consider whether M.T.’s consent was required for an adoption proceeding. While the North Dakota Supreme Court did not find the district court’s findings were clearly erroneous, the district court erred in failing to make findings regarding whether M.T.’s consent was required in the adoption proceeding. Judgment was affirmed in part, reversed in part and remanded for further proceedings. View "In the Matter of the Adoption of K.M.T." on Justia Law

Derek Spitzer appealed a second amended judgment entered after he moved to amend a parenting judgment. Spitzer and Kate Anderson had a child, P.T.S., born in 2009. In 2010 the district court awarded Anderson primary residential responsibility and ordered Spitzer to pay child support. In 2013 Spitzer moved to amend the judgment and requested primary residential responsibility. The court awarded joint residential responsibility, but Spitzer had slightly more than 50% of the parenting time. The parties agreed to eliminate Anderson’s child support obligation based on Spitzer’s income and their agreement to share P.T.S.’s expenses. In this appeal, Spitzer argued the district court erred in awarding Anderson primary residential responsibility, claiming there was not a material change in circumstances that adversely affected P.T.S. or resulted in a general decline of P.T.S.’s condition. To this the North Dakota Supreme Court agreed and reversed judgment. View "Anderson v. Spitzer, et al." on Justia Law

Mark Rath appealed after the district court entered a third amended judgment in this divorce action from Kayla Rath (now Jones). After review, the North Dakota Supreme Court concluded the district court did not abuse its discretion in denying his motion in limine; in conducting the hearing; and in allowing written, but not oral, closing arguments. The Supreme Court affirmed the denial of his requests for new trial and recusal, and affirmed the third amended judgment. However, the Supreme Court determined the district court erred in denying his demand for a change of judge and erred in referring Jones’s motion for a vexatious litigant determination under N.D. Sup. Ct. Admin. R. 58 to the presiding judge, who had previously been disqualified in this case. The Court therefore vacated a May 2021 order determining Mark Rath a vexatious litigant. Furthermore, the Supreme Court held that Rath did not meet his burden to show his constitutional challenge to N.D. Sup. Ct. Admin. R. 58 had merit, so the Court exercised authority under N.D. Sup. Ct. Admin. R. 58(7) to determine Mark Rath was a vexatious litigant under the rule. View "Rath v. Rath, et al." on Justia Law

C.M., mother of four minors (mother), appealed juvenile court’s orders terminating parental rights and freeing the minors for adoption. Her sole contention on appeal was that the Placer County Department of Health and Human Services and juvenile court failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA). After review, the Court of Appeal agreed and remanded for the limited purpose of ensuring compliance with the ICWA. View "In re M.E." on Justia Law