Justia Family Law Opinion Summaries

Mother Jane Doe appealed a magistrate court’s termination of her parental rights to her minor children “B.L.S.”, “X.V.S.”, and “A.C.S.” Mother’s amniotic fluid had ruptured prematurely due to drug use. Tests confirmed that A.C.S. was prenatally exposed to methamphetamine. Shortly after her birth, A.C.S. was life-flighted to Sacred Heart Medical Center in Spokane, Washington for treatment. Mother explained that she and Father had been in an on-and-off relationship for the past 20 years. At the time of the meeting, Mother and Father lived together in a camper on his family’s farm near Kendrick, Idaho. Mother disclosed that she actively used methamphetamine and had used methamphetamine while pregnant with A.C.S. She also explained that she and Father used methamphetamine together in their camper, sometimes with their children present. Mother described frequent incidents of domestic violence that occurred in the home: when the couple fought, it could become violent, where they would yell and throw appliances and other objects at each other. After an adjudicatory hearing where Father and Mother again stipulated to jurisdiction and custody, the Department worked with the parents to develop a case plan. At a review hearing in October 2018, the Department requested an early permanency hearing on the grounds that both parents had made little progress on their case plans. Agreeing that the parents had made very little progress up to that point, the magistrate court moved the permanency hearing up from December 2018, to November 26, 2018. At the permanency hearing, the magistrate court approved a permanency plan that sought termination of parental rights and relative adoption with the foster parents as the primary goal for each child. Mother argued on appeal that the magistrate court abused its discretion by holding the permanency hearing 11 months after the children were placed in the Department's custody, and that the decision to terminate was not supported by substantial, competent evidence. Finding no abuse of discretion or other reversible error, the Idaho Supreme Court affirmed termination of parental rights. View "DHW v. Jane Doe" on Justia Law

The issue this case presented for the Idaho Supreme Court's review stems from the complex divorce between Jerry and Veronika Papin. Jerry appealed the district court’s decision, which affirmed in part the judgment of the magistrate court dividing the marital estate. On appeal, Jerry argued the district court erred in affirming several of the magistrate court’s rulings, including: (1) its holding that the marriage settlement agreement was invalid; (2) its holding that the community was entitled to reimbursement for the funds expended towards the mortgage and property taxes on Jerry’s separate property home; (3) its characterization of certain property as either separate or community; (4) its valuation of certain property; (5) its award of spousal maintenance to Veronika; and (6) its award of attorney fees to Veronika. The Supreme Court affirmed in part, reversed in part, and remanded for further proceedings. The Court affirmed the district court’s ruling that the marriage settlement agreement failed for lack of consideration, but on the alternate theory that there was no consideration as between Jerry and Veronika. Likewise, the Court affirmed the district court’s rulings concerning the characterization of the sale proceeds and the business as community property, the valuations of the business, the determination that the community was entitled to reimbursement for the funds expended towards the mortgage and property taxes on Jerry’s separate property home, the division of the remaining personal property, the grant of spousal maintenance, and the grounds for the divorce. However, the Court reversed the district court’s decision on attorney fees and remanded to the district court with instructions to reverse and remand to the magistrate court for further proceedings. No attorney fees or costs were awarded on appeal. View "Papin v. Papin" on Justia Law

This case arose out of a private action by grandparents seeking to terminate the parental rights of a mother (their daughter) to her child (their grandchild). Grandparents sought termination of Mother’s rights to Child on the grounds Mother abandoned Child, Mother neglected Child, and that termination of Mother’s parental rights was in Child’s best interests. Following the trial, the magistrate court granted the Grandparents’ petition, ultimately concluding that Mother’s conduct met the definitions of abandonment and neglect set forth in sections 16-2002(5) and 16-1602(31) of the Idaho Code. The magistrate court further concluded that termination of Mother’s parental rights was in Child’s best interests. Finding no reversible error, the Idaho Supreme Court affirmed. View "Jane Doe I and John Doe I v. Jane Doe" on Justia Law

In 2013 and 2014, mother Jordain Bradford was involved in relationships with both Shad Hamberlin and Matthew Edwards. She did not marry either man. On September 24, 2014, Bradford gave birth to a minor child, T.J.H. Bradford and Hamberlin discussed the timing of her pregnancy and decided that Hamberlin had to be T.J.H.’s father. Bradford did not discuss the pregnancy with Edwards, nor were any additional objective measures, such as a paternity test, taken at that time. When T.J.H. was over nine months old, Bradford and Hamberlin each signed and notarized a Voluntary Acknowledgement of Paternity Affidavit (“VAP”), in which they both acknowledged that Hamberlin was the biological father of T.J.H. The State of Idaho then issued a birth certificate listing Hamberlin as T.J.H.’s father. Bradford and Hamberlin lived with T.J.H., generally in Bradford’s parents’ home, until around September 2016, when they separated. Hamberlin filed suit to establish child custody and child support for T.J.H. Bradford initially answered the petition by admitting, among other things, that she and Hamberlin were the biological parents of T.J.H. and that “both parties should have legal custody and joint physical custody of T.J.H. . . .” Bradford reversed course less than one month later, amending her answer to disavow that Hamberlin was a biological parent of T.J.H., and positing that Hamberlin should not have custody. Bradford amended her answer again in January 2017. This pleading continued to deny that Hamberlin was a biological parent of T.J.H., and affirmatively asserted that Hamberlin “has [no] legal right to have any of the care, custody and control of the minor child. . . .” Bradford also asserted for the first time, as an affirmative defense, that Hamberlin “is not the biological father of the minor child at issue in this matter.” The magistrate court rejected the mother’s effort to rescind the VAP and the district court affirmed that ruling. Bradford appealed, but finding no reversible error, the Idaho Supreme Court affirmed. View "Hamberlin v. Bradford" on Justia Law

Brandi and Brandon Kelly were married and had a son. After about two years of marriage Brandon filed for divorce. Once the divorce was final the magistrate court awarded sole legal custody and primary physical custody of the child to Brandon. Brandi filed a permissive appeal, arguing the magistrate court erred by relying on an inadmissible parenting time evaluation and following the recommendations of a biased evaluator. The Idaho Supreme Court determined the magistrate court abused its discretion by permitting Brandon to hire Dr. Jane McNaught to perform a parenting time evaluation as his expert. "[M]ost of the errors stem from the magistrate court's reliance on Brandon's experts," and the court specifically declined to appoint Dr. McNaught as the court's expert under IRFLP 719. "Parenting time evaluators must adhere strictly to the ethical principles that govern their conduct as a neutral." The Supreme Court determined the facts of this case established how the court’s appointment of Dr. McNaught violated these legal standards. While there was some evidence in the record to support the magistrate court’s custody decision, that evidence was so tainted by the court’s reliance on Dr. McNaught’s testimony, the Supreme Court found it was unreliable. In addition, the magistrate court abused its discretion in ordering Brandi to undergo psychological evaluation and counseling as recommended by Dr. McNaught. The Supreme Court affirmed certain evidentiary rulings for guidance upon remand, but it did vacate the custody judgment and remanded for a new trial. View "Kelly v. Kelly" on Justia Law

Brandi and Brandon Kelly were married and had a son. After about two years of marriage Brandon filed for divorce. Once the divorce was final the magistrate court awarded sole legal custody and primary physical custody of the child to Brandon. Brandi filed a permissive appeal, arguing the magistrate court erred by relying on an inadmissible parenting time evaluation and following the recommendations of a biased evaluator. The Idaho Supreme Court vacated the child custody judgment, finding the magistrate court abused its discretion in allowing Brandon's hired expert's opinion on parenting time. "The use of parenting time evaluations is unique to custody disputes;" the authority for and parameters guiding the use of such evaluations were governed by court rule IRFLP 719. "These evaluators are performing a 'judicial function,' entitling them to quasi-judicial immunity, because of the important, impartial work they perform as an extension of the court. ... The importance of an evaluator’s neutrality cannot be overemphasized." The Court affirmed certain evidentiary rulings and remanded for further proceedings. View "Kelly v. Kelly" on Justia Law

This case was an expedited appeal of a magistrate court’s termination of the parental rights of John Doe (Father) to his eight-year-old minor child (IW). John and Jane Doe I, the maternal grandmother and step-grandfather (collectively “Guardians”), filed a petition to adopt IW and terminate Father’s parental rights. Guardians alleged that Father abandoned IW and that termination was in her best interests. The magistrate court granted the Guardians’ petition, and Father timely appealed. Finding substantial and competent evidence to support the magistrate court's findings, the Idaho Supreme Court affirmed. View "Does v. Doe" on Justia Law

Mother Jane Doe appealed a magistrate court’s termination of her parental rights to her child T.G.E. At the time she gave birth, Mother had pending felony drug charges and an active warrant for her arrest; the child’s umbilical cord tested positive for methamphetamine at birth. Following a termination hearing, the magistrate court found termination proper based on neglect and entered an order to that effect on December 8, 2017 (the Order). However, in a subsequent decree (the Decree) issued on December 15, 2017, the magistrate court stated Mother’s parental rights were being terminated based on abandonment. The court also terminated Father’s parental rights however, Father had voluntarily relinquished his parental rights and was not a party to this appeal. On appeal, both Mother and the Department raised procedural issues relating to the conflicting Order and Decree. Subsequently, the Idaho Supreme Court remanded the case for entry of a new judgment terminating Mother and Father’s rights to Child, and stated the Order would constitute the findings of fact and conclusions of law. Mother appealed, contenting the magistrate court erred when it terminated Mother’s parental rights. Finding no reversible error, the Supreme Court affirmed the ultimate termination. View "DHW v. Jane Doe" on Justia Law

Mother Jane Doe appealed a magistrate court’s judgment terminating her parental rights to her minor children. The judgment also terminated the parental rights of the children’s father, who appealed in a separate action. The children were placed in the custody of the Idaho Department of Health and Welfare (the “Department”) following a March 2016 petition under the Child Protection Act (“CPA”). After the filing of the petition, the parents stipulated to an unstable home environment. In June 2016, the magistrate court ordered the parents to follow case plans provided by the Department. Roughly eight months later, the State filed a motion to terminate both parents’ parental rights based on failure to comply with their case plans and prior neglect. After holding a trial, the magistrate court terminated both parents’ parental rights. Mother argued on appeal that the Department did not make adequate efforts to reunify the family and that the magistrate court erred by finding that the Department’s efforts were reasonable. Unpersuaded by Mother’s arguments, the Idaho Supreme Court affirmed termination. View "DHW v. Jane Doe" on Justia Law

Father John Doe appealed a magistrate court’s judgment terminating his parental rights to his minor children. The judgment also terminated the parental rights of the children’s mother (she appealed in a separate action). Prior to the termination, the children and parents were the subject of a Child Protection Act (“CPA”) proceeding for over two years. When the prosecutors first filed a petition under the CPA, the parents were listed with separate addresses, but were living together. However, the parents ended and rekindled their relationship at various times prior to and during the CPA proceeding. By the time of trial, Father and Mother were permanently separated. The Department became involved in early March 2016 after receiving reports of drug use and neglect involving the children. Prior to this, the Department had received referrals for the family on two occasions in 2013 and 2014. The Department’s investigation revealed that both children had been born premature, exposed to drugs in-utero, and tested positive for methamphetamine at birth. Based on these concerns, the Lincoln County Prosecutor’s Office filed a petition under the CPA in March 2016. In June 2016, the court ordered the parents to follow case plans provided by the Department. Eight months later, the State filed a motion to terminate the parental rights of both parents based on failure to comply with the case plan and on prior neglect. After holding a trial, the court terminated both parents’ parental rights. Father argued on appeal the magistrate court’s finding of neglect was not supported by substantial, competent evidence and that the court erred by not considering how Father’s periods of incarceration affected his ability to comply with the case plan. The Idaho Supreme Court was not persuaded by Father’s arguments and affirmed termination. View "DHW v. John Doe" on Justia Law