Justia Family Law Opinion Summaries

The Supreme Judicial Court affirmed the judgment entered by the district court allocating parental rights regarding the parties' child in this case, granting primary residence to Kyla Estes and defining rights of contact to Nicholas Capelety, holding that any error in the proceedings below was harmless.Capelety, who had a child with Estes, filed a complaint for determination of parentage, parental rights and responsibilities, and child support. Following a trial, the court issued a judgment determining parental rights and responsibilities. Capelety appealed, raising four assignments of error. The Supreme Judicial Court affirmed, holding that even if the court abused its discretion in enforcing the limits controlling the order and timing of presentation of evidence in this case, it was highly probable that the court's enforcement of the time limits did not affect the judgment. View "Capelety v. Estes" on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Parents' parental rights to their children, holding that there was no error or abuse of discretion in the proceedings below.Specifically, the Supreme Judicial Court held that the district court (1) did not err when it found by clear and convincing evidence that both parents were unfit as parents and that the Department of Health and Human Services failed to meet its statutory obligations pursuant to 22 Me. Rev. Stat. 4041(1-A)(A); and (2) did not abuse its discretion when it found that termination of Parents' parental rights, rather than establishing a permanency guardianship, was in the best interests of the children. View "In re Children of Quincy A." on Justia Law

The Supreme Court answered three questions certified by the United States District Court for the District of Maryland in this suit brought against Catholic Relief Services-United States Conference of Catholic Bishops (CRS), which follows the teaching that marriage is between one man and one woman.The district court ruled (1) CRS violated Title VII of the Civil Rights Act of 1964 by revoking Plaintiff's dependent health insurance because he was a man married to another man; and (2) Plaintiff was entitled to summary judgment on his federal Equal Pay Act claim. The court then ordered the parties to confer and file proposed questions of law with respect to the Maryland Fair Employment Practices Act (MFEPA), Md. Code Ann., State Gov't 20-606, and the Maryland Equal Pay for Equal Work Act (MEPEWA), Md. Code Ann., Lab. & Empl. 3-304. The Supreme Court answered (1) the prohibition against discrimination on the basis of sex in MFEPA does not itself also prohibit sexual orientation discrimination, which is separately covered under MFEPA; (2) MEPEWA does not prohibit sexual orientation discrimination; and (3) MFEPA's religious entity exemption applies with respect to claims by employees who perform duties that directly future the core mission of the religious entity. View "Doe v. Catholic Relief Services" on Justia Law

The Supreme Court denied this action brought by Jennifer Giroux and Thomas Brinkman (collectively, Giroux) challenging an initiative petition to place a proposed constitutional amendment on the November 7, 2023 ballot, holding that Giroux failed to show that Ohio law required invalidating the petition.At issue was a petition proposing a constitutional amendment entitled "Right to Reproductive Freedom with Protections for Health and Safety." Giroux brought this challenge alleging that the petition did not comply with Ohio Rev. Code 3519.01(A). The Supreme Court denied relief, holding that section 3519.01(A) does not require a petition proposing a constitutional amendment to include the text of the existing statute, and Giroux's challenge failed for this reason. View "Giroux v. Committee Representing Petitioners" on Justia Law

In 2019, the Coles entered a stipulation requiring Scott to pay Kikianne child support of $7,537 per month for their two minor children plus bonus child support in accordance with a bonus wages report table, capped by Scott’s gross employment earnings of $2 million per year. Scott stopped making payments in April 2020 without Kikianne’s stipulation or court order and requested an order modifying his 2020 child support obligations. As the sole shareholder and director of his law firm, Scott alleged that his firm encountered severe economic challenges due to the COVID-19 pandemic and that he had stopped taking a salary to keep his business afloat. Kikianne contended that Scott maintained assets, income, and access to funds in excess of $20 million and that he essentially failed to disclose all available income to pay child support.After a hearing, the court indicated it found Scott’s testimony “largely unbelievable” concerning his personal finances and transactions, denied Scott’s modification request, and ordered him to pay $90,444--the entire amount of child support due in 2020. The court also ordered Scott to pay Kikianne’s attorney fees ($123,909), finding that the awarded sum “does not impose an unreasonable burden.” The court of appeal affirmed. It was Scott’s burden to prove his circumstances had so changed that he lacked the ability and opportunity to meet his child support obligations. He did not do so. View "Marriage of Cole" on Justia Law

Aggrieved by a chancellor’s decision, Pamela Brownlee (Pam) appeals to the Mississippi Supreme Court, averring that the chancellor erred by failing to extend in loco parentis visitation rights to her as a former live-in romantic partner. Jessica Powell had two children, A.M.P. and E.R.L., born to different fathers. A.M.P.’s father maintained no relationship with the child; E.R.L.’s father was an active parent in his child’s life. Pam and Jessica began their romantic relationship in early 2014, just before E.R.L.’s birth, and the couple lived together throughout their relationship until their breakup in 2019. Even though Pam and Jessica cohabited from 2014 to 2019, they did not marry. On December 19, 2019, approximately two months after the couple’s breakup in October 2019, Pam filed her Petition to Establish Custody and Visitation, in which Pam initially sought custody of E.R.L. and visitation with A.M.P. At the initial hearing in October 2020, Pam withdrew her request for custody of E.R.L., revising her request to seek only visitation with Jessica’s children under the doctrine of in loco parentis. Although the chancellor did not find any legal basis for Pam’s request, given her status as an unmarried non-parent and former live-in partner to the children’s natural mother. The Mississippi Supreme Court reversed: “we also recognize special circumstances exist…in which justice so requires and the child’s well-being demands a relationship with a person who has stood in loco parentis in his or her life. The floodgates are not open for any third party visitation if the circumstances do not rise to this level, but Pam deserves an opportunity, at least, to provide proof of whether she meets this ‘very limited, unique situation.’” View "Brownlee v. Powell, et al." on Justia Law

Katy Blagodirova and Jose Schrock married in November 2006 and had one child, J.R., in October 2007. In 2013 the couple filed a joint complaint for divorce on the grounds of irreconcilable differences. The divorce agreement provided that Blagodirova had primary physical custody of the child subject to Schrock’s visitation. Schrock agreed to pay $500 monthly in child support payments. Following the divorce, Blagodirova began a romantic relationship with Andres Maldonado De La Rosa (Maldonado), J.R.’s soccer coach and an undocumented immigrant. Blagodirova and Maldonado married in August 2014, divorced in 2015 and remarried in 2018. While she worked, Blagodirova entrusted J.R.’s care to Maldonado. Maldonado testified that after remarrying Blagodirova, he obtained an illegal driver’s license to drive J.R. around. Blagodirova had not provided alternatives for childcare for J.R., and instead relied on Maldonado to care for the child despite her awareness that Maldonado could have been taken into custody and deported. Schrock filed to a modification of custody, requesting physical custody of J.R. and the termination of his child support obligation. He alleged there has been a material change in circumstances adverse to J.R.’s best interests. A chancery court granted Schrock’s petition, but the Court of Appeals reversed. Schrock appealed. Finding the chancellor’s decision to modify child custody was supported by substantial evidence, the Mississippi Supreme Court reversed the appeals court and reinstated the chancery court’s judgment. View "Blagodirova v. Schrock" on Justia Law

Jennie requested that Rocky pay $45,000 in attorney fees she was incurring in response to Rocky’s appeals from their judgment of dissolution and from post-judgment efforts to enforce previous orders requiring him to pay $15,000 toward Jennie’s attorney fees and divide his 401(k) plan, with which Rocky had not complied. Jennie sought $45,000. Jennie declared that she had been out of work since March 2020 because of the pandemic, her unemployment benefits had been exhausted, and she was caring for the couple’s two children; her current income came from trust distributions, at the discretion of the trustee. Rocky, an attorney, responded that he was currently unemployed and had no income or assets to pay any portion of Jennie’s fees. Each submitted extensive evidence and disputed each other’s claims.The court of appeal affirmed a $25,000 award to Jennie for need-based attorney fees (Family Code 2030), rejecting Rocky’s arguments that the trial court erred in denying him an evidentiary hearing and that there is no evidence that he can comply with the order. The court declined to dismiss the appeal under the disentitlement doctrine. The trial court made explicit findings that Rocky’s income in 2020 was considerably higher than Jennie’s; her expenses exceeded her income; and Rocky had legal representation without paying attorney fees, while Jennie did not. The award complied with the statute and is supported by substantial evidence. View "Marriage of Hearn" on Justia Law

In October 2021, Defendant flew from Japan to Missouri with her and Plaintiff’s child, L.T. In March 2022, Plaintiff filed a petition for the return of their child under the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”) to have L.T. returned to Japan. The district court found L.T. was “at home” in Japan before Defendant removed the child to the United States. The district court granted Plaintiff’s petition to have L.T. returned to Japan. Defendant appealed arguing Japan cannot be L.T.’s habitual residence because Sarah was coerced into living in Japan and therefore did not intend to make Japan L.T.’s home.   The Eighth Circuit affirmed. The court held that there is no evidence of physical abuse, violence, or threats of violence in this case. Additionally, having considered the testimony and having reviewed the text message exchanges between the parties, the court did not find evidence of the type of verbal abuse or controlling behavior that would suggest that Defendant was coerced or forced into staying in Japan. Therefore, Defendant’s coercion argument on appeal is inconsistent with the district court’s factual findings, which are not clearly erroneous. View "Naoteru Tsuruta v. Sarah Tsuruta" on Justia Law

The Supreme Judicial Court affirmed the judgment entered by the district court divorcing Katharine Allerding from Neill Ewing-Wegmann, holding that Allerding was not entitled to relief on her allegations of error.On appeal, Allerding challenged portion of the order awarding her and Ewing-Wegmann shared parental rights of their daughter and allocating Father's Day with the child to Ewing-Wegmann. Allerding also appealed the court's judgment ordering her to contribute to the fees of the appointed guardian ad litem (GAL). The Supreme Judicial Court affirmed, holding (1) there was no abuse of discretion in the trial court's determinations of rights of contact; and (2) the trial court did not abuse its discretion in allocating GAL fees. View "Ewing-Wegmann v. Allerding" on Justia Law