Justia Family Law Opinion Summaries

In 2010, an abuse and neglect petition was filed alleging that Child’s mother (Mother) was under the influence of drugs while caring for Child. The Department of Health and Human Resources (DHHR) subsequently placed Child in the care of his paternal grandparents (Grandparents). In 2013, the circuit court held a permanency hearing and granted legal guardianship to Grandparents. Thereafter, Mother filed a petition to overturn legal guardianship, asserting that her recovery and continued sobriety constituted a material change in circumstances justifying a modification of the custody of Child. After a hearing held in 2015, the circuit court terminated Grandparents’ legal guardianship and ordered the transfer of Child to Mother. Grandparents appealed. The Supreme Court reversed, holding that there was insufficient evidence in the record indicating that alteration of custody would serve Child’s best interests at this time. View "In re S.W." on Justia Law

The Department of Health and Human Resources (DHHR) filed an abuse and neglect petition against Parents. After an adjudicatory hearing on the DHHR’s petition, the circuit court granted the DHHR custody of Parents’ minor children, and the children were placed in foster care. Parents subsequently filed motions for improvement periods. After two evidentiary hearings, the circuit court entered a dispositional order denying Parents an improvement period and terminating Parents’ parental and custodial rights. The Supreme Court affirmed, holding that the circuit court (1) did not err in denying Parents’ motions for improvement periods; and (2) did not err in terminating Parents’ parental and custodial rights. View "In re M.M." on Justia Law