Justia Family Law Opinion Summaries

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a), holding that the court’s findings were supported by competent in the record and were sufficient to support the court’s decision.Specifically, the Court held that the the court’s findings supported the court’s determination that (1) Mother was unable to protect the child from jeopardy and was unwilling or unable to take responsibility for the child within a time reasonably calculated to meet the child’s needs; (2) Mother failed to make a good faith effort to rehabilitate and reunify with the child; and (3) termination of Mother’s parental rights was in the child’s best interests. View "In re Child of Stephenie F." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights to his three children, holding that the court did not err in its unfitness or best interest determinations.Specifically, the Court held that the district court did not err in finding that Father remained unable to protect the children from jeopardy within a time that was reasonably calculated to meet their needs, failed to make a good faith effort to rehabilitate and reunify with the child, and did not abuse its discretion in determining that termination of Father’s parental rights was in the children’s best interests. View "In re Child of Edward F." on Justia Law

The Supreme Judicial Court affirmed the order of the district court terminating Father’s parental rights to his child, holding that sufficient evidence supported the court’s finding of parental unfitness and that the court did not abuse its discretion by terminating Father’s parental rights rather than imposing a permanency guardianship.After a hearing, the district court entered a judgment terminating Father’s parental rights after finding that he was unable to protect the child from jeopardy or take responsibility for her within a time reasonably calculated to meet the child’s needs. The Supreme Judicial Court affirmed, holding (1) the court did not err in finding, by clear and convincing evidence, that Father failed to alleviate jeopardy or be able to take responsibility for the child; and (2) the court did not err in determining that termination of Father’s parental rights was in the child’s best interest. View "In re Child of Domenick B." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights to his child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), holding that the evidence was sufficient to support the court’s unfitness and best interest determinations.Specifically, the Supreme Judicial Court held that the record supported the findings, by clear and convincing evidence, and conclusions of the district court that (1) Father was unable to protect the child from jeopardy or to take responsibility for him within a time reasonably calculated to meet the child’s needs; and (2) termination was in the child’s best interest. View "In re Child of Adam E." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights to his child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(iv), holding that Father received sufficient notice of the termination hearing and that the court did not err by admitting the testimony of a Department of Health and Human Services supervisor.Father failed to appear but was fully represented by counsel at both the jeopardy hearing and the termination hearing. The court ultimately found that Father was unfit and that termination was in the best interest of the child. The Supreme Judicial Court affirmed, holding (1) Father’s notice of the termination hearing through service by publication was legally sufficient; and (2) the district court did not commit obvious error in failing to exclude from evidence, sua sponte, the testimony of the Department supervisor. View "In re Child of Kaysean M." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her youngest child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (1)(B)(2)(a), (b)(i)-(iv), holding that the court did not deny Mother due process, did not err when it found Mother unfit, and did not abuse its discretion when it determine that terminating her parental rights was in the best interest of the child.On appeal, Mother contended, among other things, that she was denied due process when the district court conducted an evidentiary hearing in her absence on the petition to terminate her parental rights. The Supreme Judicial Court disagreed, holding (1) under the circumstances of this case, the district did not deprive Mother of due process where Mother was voluntarily absent without good cause during the evidentiary hearing not he termination petition; and (2) the court did not err in finding that Mother was unfit or abuse its discretion in concluding that termination of Mother’s parental rights was in the best interests of the child. View "In re Child of Tanya C." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Mother and Father to their child pursuant to me. Rev. Stat. 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(iv), holding that the district court did not abuse its discretion.Specifically, the Court held (1) the district court did not err in its parental unfitness finding as to Father; (2) the district court did not deny Father due process of law when it based its findings of unfitness, in part, on Father’s unprescribed use of prescription drugs as stimulants; and (3) the district court did not err in determining that termination of Mother’s parental rights, with a permanency plan of adoption, was in the best interest of the child. View "In re Child of Troy C." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s and Father’s parental rights to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), (iv), holding that the district court did not abuse its discretion.Specifically, the Court held (1) the district court did not abuse its discretion by denying Mother’s motion to continue the termination hearing and appoint a guardian ad litem; and (2) the evidence was sufficient to support the district court’s determinations that Father was an unfit parent within the meaning of the child protection statutes and that termination was in the child’s best interest. View "In re Child of Mercedes D." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Appellant’s parental rights to his son, holding that the court did not err or abuse its discretion in finding that the factors supported termination and that termination of Father’s parental rights was in the child’s best interest.Specifically, the Supreme Judicial Court held that the court did not err or abuse its discretion in finding (1) Father was unwilling or unable to protect the child from jeopardy and that those circumstances were unlikely to change within a time reasonably calculated to meet the child’s needs under Me. Rev. Stat. 22, 4055(1)(B)(2)(a), (b)(i); and (2) termination of Father’s parental rights was in the child’s best interest. View "In re Child of Matthew R." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s and Father’s parental rights to their two older children pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), holding that the evidence was sufficient to support the determination of parental unfitness and that the court did not err by concluding that termination of the parents’ parental rights was in the best interests of the children.Specifically, the Court held (1) competent evidence in the record existed to support both of the two types of parental unfitness found by the district court; and (2) the court’s findings, based on clear and convincing evidence in the record, were sufficient to support its determination that the termination of each parent’s parental rights was in the best interests of the children. View "In re Children of Anthony M." on Justia Law