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 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

The Supreme Judicial Court affirmed the judgment of the district court ordering Torrey Sears's divorce from Bobby Sears but vacated the portion of the district court's order awarding Bobby spousal support, distributing the parties' property and debt, and awarding Bobby attorney fees, holding that the court's income and valuation findings did not provide a sufficient predicate to assess the specific awards.On appeal, Torrey argued that the district court erred in its financial rulings because it failed to conduct sufficient fact finding with respect to his income. The Supreme Judicial Court agreed and vacated the order in part, holding that while the district court's rulings appeared reasonable on this record, because the court failed to make sufficient findings regarding Torrey's income this court was unable to conduct appellate review of the majority of the court's financial rulings. View "Sears v. Sears" on Justia Law

The Supreme Judicial Court vacated in part the district court's amended divorce judgment in this action involving the modification of a divorce judgment, holding that the court erred in calculating child support by imputing an income to Mother that was higher than her actual income.The divorce judgment awarded Mother and Father shared parental rights and responsibilities as to their two children and allocated primary physical residence to Mother. Both parties later filed motions for contempt and Father moved to modify the judgment as to the children's residence, child support, and his rights of contact. The court granted Father's motion to modify and entered an amended divorce judgment. On appeal, Mother argued that the court erred in failing to find that her income was $37,287. The Supreme Judicial Court vacated the court's child support judgment and remanded the case, holding that the court's findings were insufficient to allow for effective appellate review because they did not indicate the court's basis for imputing income to Mother. View "Perreault v. Vallieres" on Justia Law

The Supreme Judicial Court vacated the judgment of divorce entered by the district court as to the disposition of certain property and the dissolution of Cole G. Bridges Wild Blueberry LLC, holding that the circuit court lacked jurisdiction to order the dissolution of the LLC and erred in setting aside certain property to Cole Bridges.In 2020, Candy Littell filed for divorce from Bridges. The district court granted the divorce. On appeal, Bridges argued that the district court erred in evaluating and classifying a Cessna airplane and lacked jurisdiction to dissolve the LLC. The Supreme Judicial Court vacated the judgment in part and remanded the case, holding (1) the court did not have jurisdiction over the LLC and thus could not order its dissolution; and (2) the court erred in its classification and valuation of the Cessna airplane. View "Littell v. Bridges" on Justia Law

The Supreme Judicial Court affirmed in part and vacated in part the judgment entered in the district court establishing parental rights and responsibilities concerning Father's child with Mother, holding that the court's judgment included a finding regarding domestic violence that was contrary to the evidence.Father filed a complaint for the determination of parental rights and responsibilities, and Mother filed an answer and counterclaim. After the district court entered its judgment Father appealed. The Supreme Judicial Court vacated in part the judgment below, holding (1) the court did not err in calculating Father's gross income for purposes of child support; and (2) the court clearly erred in finding that Father did not dispute Mother's testimony that he grabbed, pushed, and choked her, and the error was not harmless. View "Francoeur v. Berube" on Justia Law

The Supreme Judicial Court vacated the judgment of the district court adopting the final order of the family law magistrate ordering Mother's divorce from Father, awarding sole parental rights and responsibilities of the parties' child to Father, and distributing the parties' property, holding that the record lacked competent evidence to support the district court's findings.Mother, acting pro se, timely filed an objection to the final order of the magistrate, but the court denied the motion and adopted the magistrate's judgment. Mother then filed for relief from judgment, to set aside the default judgment, for a new trial, and for amended or additional factual findings. The motions were denied. The Supreme Judicial Court remanded the case, holding (1) when asserting that a magistrate's judgment lacks sufficient fact-finding, the objecting party should make her claim in a Mont. R. Civ. P. 118(a) objection, not a Mont. R. Civ. P. 52 motion after the district court has reviewed the Rule 118(a) objection; and (2) remand was necessary in this case because the existing record did not support the judgment. View "Daniel v. McCoy" on Justia Law

The Supreme Judicial Court vacated a portion of the divorce judgment entered by the district court in this case and otherwise affirmed, holding that the trial court failed to make the specific finding required by statute establishing why it was equitable and just to allocate a tax exemption to the parent without primary residency.The amended divorce judgment at issue granted Husband contact with the parties' two children three weekends per month, ordered Husband to pay child support, and allocated one child dependency tax exemption to Husband. The Supreme Judicial Court vacated in part and affirmed in part the judgment below, holding that the district court (1) did not abuse its discretion in its allocation of overnight child contact; (2) did not abuse its discretion in declining to make the award of child support retroactive; and (3) erred in its allocation of the child dependency exemptions. View "Proctor v. Childs" on Justia Law

The Supreme Judicial Court vacated the judgment of the district court on Appellant's complaint for divorce from Appellee, holding that the trial court's findings were insufficient to support the parental rights portions of the judgment and that the court erred in determining Appellee's income.On appeal, Appellant argued, among other things, that the court's orders concerning parental rights and responsibilities, the parties' child's residence, and Appellee's contact with the child constituted an abuse of discretion. The Supreme Judicial Court agreed and vacated the judgment below, holding (1) remand was required for the trial court to issue an amended judgment that included additional findings as necessary to set forth the basis for the same or different determinations regarding parental rights and responsibilities, contact, and residence; and (2) the record did not support the court's finding that Appellee's annual gross income was only $24,666. View "Whitmore v. Whitmore" on Justia Law