Justia Family Law Opinion Summaries

Melzena Moore pled guilty to first-degree manslaughter of Raymond Jackson under extreme emotional disturbance (EED) as part of a plea agreement. The issue on appeal is whether the Laurel Circuit Court erred in denying Moore the domestic violence exemption to the mandatory minimum sentence for parole eligibility. This exemption would allow Moore to be considered for parole after serving 20% of her eighteen-year sentence and qualify her for counseling and rehabilitation programs.The Laurel Circuit Court found that Moore was a victim of domestic violence based on a single corroborated incident but concluded that her shooting of Jackson did not occur "with regard to" the domestic violence. The court denied Moore the exemption, citing a lack of corroborating evidence for her account of the events leading up to the shooting and questioning her credibility. The Court of Appeals reversed this decision, instructing the trial court to grant the exemption, arguing that the trial court failed to properly apply the "some connection" standard and did not adequately consider the expert testimony provided by Moore.The Supreme Court of Kentucky reviewed the case and determined that the trial court erred in its analysis by not making sufficient factual findings regarding the totality of the evidence of domestic violence. The court emphasized that the "some connection" standard does not require a direct causal link or contemporaneous act of domestic violence. The Supreme Court vacated the trial court's order and remanded the case for further factual findings and proper application of the legal standard to determine if Moore qualifies for the domestic violence exemption. View "Commonwealth v. Moore" on Justia Law

Robert Wills and Aniela Humphries, who share three children, divorced in January 2012. They initially shared physical custody on a 2/3-1/3 basis, switching to a 50-50 arrangement in January 2013. In November 2020, Wills refused to return their middle child to Humphries, prompting her to file a motion to enforce the custody agreement. The court found Wills had disobeyed the custody order and undermined the child's relationship with Humphries. It ordered a gradual transition back to 50-50 custody.Humphries sought attorney’s fees for enforcing the custody order, and the court awarded her $21,000, considering the parties' financial circumstances and the importance of the issues. Despite the court's order, Wills moved to South Carolina with the middle child and later sought to modify custody. The court granted him primary physical custody and modified child support, requiring Humphries to pay $1,070.89 monthly.Humphries requested an offset of the child support she owed against the attorney’s fees Wills owed her. The court granted the offset, finding that manifest injustice would result if Humphries had to pay child support while Wills owed her a substantial sum. The court determined that Wills still owed $15,641.09 in attorney’s fees and ordered Humphries to begin paying child support in March 2024.The Alaska Supreme Court affirmed the superior court’s order, holding that the superior court has discretion to order an offset against child support if good cause exists and the offset is in the children’s best interests. The court found that the superior court did not abuse its discretion in concluding that manifest injustice would result without the offset and that the offset was in the children’s best interests. View "Wills v. Humphries" on Justia Law

A woman who had been in a long-term romantic relationship with a child's legal mother sought joint legal custody and parenting time under Georgia's Equitable Caregiver Statute, OCGA § 19-7-3.1, after the couple broke up. The statute allows a non-parent to seek custody or visitation rights if they have undertaken a parental role and developed a bonded and dependent relationship with the child, supported by a parent. The child's mother challenged the constitutionality of the statute and the sufficiency of the evidence supporting the trial court's order.The Superior Court granted the woman's request for equitable caregiver status, finding that she had established a bonded and dependent relationship with the child and that the child would suffer long-term emotional harm without continued contact. The court awarded joint legal custody and parenting time to the woman, despite the mother's objections.The Supreme Court of Georgia reviewed the case and raised concerns about the constitutionality of the Equitable Caregiver Statute, particularly regarding the fundamental right of parents to the care, custody, and control of their children. The court noted that any waiver of this constitutional right must be knowing and voluntary, and that conduct prior to the statute's effective date could not constitute such a waiver. The court concluded that the statute does not authorize trial courts to confer equitable caregiver status based on conduct by the legal parent that took place before the statute's effective date.The Supreme Court of Georgia reversed the trial court's order, holding that the Equitable Caregiver Statute does not apply to parental conduct occurring before its effective date. The court did not resolve the constitutional questions but based its decision on statutory construction and the doctrine of constitutional avoidance. View "DIAS v. BOONE" on Justia Law

A mother and father, who married in December 2021 and separated a year later, have two children (twins). The father also has three children from a previous marriage. After their separation, the mother filed for divorce, and the case went to trial to resolve issues of custody, child support, and property division. The district court granted the divorce, determined custody, ordered the father to pay child support, and divided the property.The district court awarded the parents alternating-week custody of the twins, differing from the holiday schedule for the father's children from his previous marriage. The court also granted the mother final decision-making authority regarding the twins. The father was ordered to pay child support based on the mother's income, which the court calculated using her tax returns and other financial documents. The court also divided the equity in the marital home, using an appraised value from October 2023 and the mortgage obligation from December 2022.The father appealed to the Supreme Court of Wyoming, contesting the holiday visitation schedule, the mother's final decision-making authority, the calculation of the mother's income for child support, and the division of the home equity. The Supreme Court of Wyoming reviewed the district court's decisions for abuse of discretion.The Supreme Court of Wyoming affirmed the district court's decisions. It found that the holiday visitation schedule, while different from the father's schedule with his other children, was not an abuse of discretion. The court also upheld the decision to grant the mother final decision-making authority, noting that the district court adequately explained its reasoning. The calculation of the mother's income for child support was supported by sufficient evidence, and the division of the home equity was reasonable given the evidence presented. The Supreme Court concluded that the district court's decisions were within the bounds of reason and did not constitute an abuse of discretion. View "Amadio v. Amadio" on Justia Law

A young adult with intellectual and developmental disabilities, referred to as G.J.F., moved to Alaska in 2021 and was referred by a homeless shelter to Volunteers of America Alaska (VOA), a nonprofit organization. VOA provided intensive case management support, including housing assistance and help with applying for government benefits. Despite initial resistance from G.J.F., a consistent therapeutic relationship was eventually established. VOA petitioned the superior court to appoint the Public Guardian as a full guardian for G.J.F., arguing that less restrictive alternatives were not feasible or adequate to meet G.J.F.'s needs.The superior court appointed a visitor and scheduled a hearing. The visitor's report and a neuropsychological evaluation indicated that G.J.F. had multiple mental health diagnoses and significant difficulties with decision-making and daily living tasks. The master recommended a full guardianship, but the Public Guardian objected, leading to an evidentiary hearing. At the hearing, VOA staff testified about the extensive support they provided to G.J.F. and the limitations of their services. The court found that VOA's services were not sustainable and that G.J.F. needed decision-making support that only a full guardian could provide.The Supreme Court of the State of Alaska reviewed the case and affirmed the superior court's order appointing the Public Guardian as a full guardian for G.J.F. The court held that the superior court did not abuse its discretion in determining that less restrictive alternatives were not feasible or adequate to meet G.J.F.'s needs. The court found that the record contained clear and convincing evidence supporting the need for a full guardianship, given G.J.F.'s significant vulnerabilities and the limitations of VOA's support. The court also noted that relying on the visitor's report, which was not admitted into evidence, was harmless error because the same information was provided through other evidence. View "In the Matter of the Protective Proceedings of G.J.F" on Justia Law

Dawn Maynor and Timothy Golden, who resided together in Alaska, moved to Oklahoma and then Louisiana due to Timothy's military transfers. They married in Oklahoma in 2017 and had a child in Louisiana in February 2018. The couple separated shortly after the child's birth, and in May 2018, they filed for dissolution of their marriage in Alaska, claiming Alaska residency despite living in Illinois and Louisiana. The superior court in Alaska granted the dissolution in August 2018, including a custody order giving Dawn primary physical custody and shared legal custody.Timothy later moved back to Alaska and, in September 2023, filed a motion to modify the custody arrangement, seeking joint physical custody. Dawn did not oppose this motion but instead filed a motion for relief from the 2018 custody order, arguing that the superior court lacked jurisdiction to decide child custody initially. The superior court denied Dawn's motion, concluding that Alaska was the child's home state due to the parents' claimed residency and the child's temporary absence from Alaska.The Supreme Court of the State of Alaska reviewed the case and determined that the superior court lacked subject matter jurisdiction to make the initial child custody determination. The court found that the child had never lived in Alaska, and Louisiana was the child's home state within six months before the commencement of the dissolution proceedings. Since Louisiana had jurisdiction and did not decline it, the superior court in Alaska could not assert jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).The Supreme Court of Alaska reversed the superior court's denial of Dawn's motion for relief from judgment and vacated the original custody order due to the lack of jurisdiction. View "Maynor v. Golden" on Justia Law

Peter and Julia Chapman married in 2007 and have one minor child. Julia filed for legal separation in 2018, and they agreed to share custody and calculate child support based on their incomes. In July 2020, they stipulated that Peter would pay $500 per month in child support through December 2020, with modifications based on their incomes starting January 2021. The court adopted this stipulation. In April 2021, Peter's child support obligation was set at $31.35 per month based on his 2020 income of $45,000.Julia moved to modify child support in May 2022, believing Peter's income had increased due to his acquisition of new businesses and the creation of the Cephas Trust. Peter opposed the modification, arguing there was no proof of increased income. The court ordered Peter to provide proof of income, revealing his 2021 adjusted gross income was $861,382. Julia pursued the modification, arguing Peter's income justified a higher child support obligation.The Superior Court of Alaska, Fourth Judicial District, held an evidentiary hearing. Peter testified that his primary income was his salary from Alaska Auto Rentals (AAR), and the remaining income was from businesses in the Cephas Trust, which he controlled but chose not to draw from. The court found that Peter had access to the trust's income and was underreporting his income by taking a low salary. The court imputed income to Peter based on the trust's earnings and set his child support obligation at $1,167.35 per month, using the income cap of $126,000.The Supreme Court of Alaska reviewed the case and affirmed the lower court's decision. The court held that the superior court did not err in finding a material change of circumstances or abuse its discretion by imputing income to Peter. The court concluded that Peter's control over the trust and its income justified the increased child support obligation. View "Chapman v. Chapman" on Justia Law

B.V. and L.T. are the parents of two children, B.V. and B.V. The children were removed from their home in February 2021 after being left unattended at a crime scene for 13 hours. B.V. was arrested for attempted murder and burglary, and L.T. could not be located. A temporary custody order was issued to the Mountain Lakes Human Service Zone. B.V. was later convicted and sentenced to 20 years in prison, with an estimated release date in January 2030. L.T. has not had contact with the Zone since the termination of parental rights petition was filed.The children were adjudicated as needing protection in October 2021, and a 12-month custody order was issued to the Zone. A permanency hearing in November 2022 extended the custody order by six months. The children were taken to Arizona by their maternal aunt in April 2023, but the placement was unsuccessful, and they returned to North Dakota in September 2023. L.T. sporadically attempted visitation but lost contact with the Zone in February 2024. B.V. had minimal contact with the Zone and did not engage in the services offered.The Juvenile Court of Rolette County terminated B.V. and L.T.'s parental rights on October 18, 2024. B.V. appealed, arguing that the Zone did not make active efforts to prevent the breakup of his Indian family as required by the Indian Child Welfare Act (ICWA) and that the State failed to prove beyond a reasonable doubt that continued custody by B.V. would likely result in serious harm to the children.The North Dakota Supreme Court affirmed the termination of B.V.'s parental rights. The court found that the Zone made active efforts to prevent the breakup of the family, including offering supervised visits and conducting relative searches. The court also found that continued custody by B.V. would likely result in serious emotional or physical damage to the children, supported by the testimony of a qualified expert witness. View "Interest of B.V." on Justia Law

Kristine Gail Walden and Shay Alan Walden were married in April 2016 and separated in June 2020. Kristine initiated divorce proceedings in September 2022. At the time of the trial in December 2023, Kristine was 54 and worked part-time, while Shay, 53, was self-employed. The district court heard testimony about their assets, debts, and the conduct leading to the breakdown of their marriage, including domestic violence by Shay that resulted in a permanent eye injury to Kristine. The court divided the marital property and debt, ordered Shay to pay spousal support of $1,000 per month for seven years, property payments totaling $43,587, and attorney’s fees of $8,350. Shay was also assigned a debt of $35,433.66 incurred after the divorce proceedings began.The district court awarded spousal support based on the Ruff-Fischer guidelines, considering the parties' ages, earning abilities, health, and financial circumstances. The court found Kristine had a monthly income of $2,400 and expenses of $6,400, while Shay had a gross monthly income of $12,500 and expenses of $5,017. The court concluded Kristine needed spousal support and Shay had the ability to pay without undue hardship. Shay’s argument that the court deviated from statutory limits for spousal support was dismissed as the applicable version of the statute was correctly applied.The court’s property and debt distribution was found to be equitable, considering the short-term nature of the marriage and the contributions of each party. Shay’s arguments against the distribution of the marital home’s equity and Kristine’s medical debt were rejected. The court’s decision to assign Shay the debt incurred after the divorce proceedings was also upheld.The North Dakota Supreme Court affirmed the district court’s judgment, concluding that the court did not clearly err in its findings and that the award of attorney’s fees was justified based on Shay’s actions that increased the costs of the proceedings. View "Walden v. Walden" on Justia Law

Brett Kingstone and Trisa Tedrow Kingstone were married in Florida in July 2020 and have one minor child, L.R.K., born in 2021, who has hemophilia, Fragile X syndrome, and developmental and speech delays. The couple separated in August 2022, and Brett initiated a divorce action in Florida and a child custody action in North Dakota in March 2023. The Florida court granted the divorce in August 2023, but did not address child-related issues. In December 2023, the North Dakota district court awarded Trisa primary residential responsibility for L.R.K. and set Brett's child support at $5,000 per month, including an upward deviation of $1,500.Brett Kingstone appealed, arguing the district court erred in several aspects, including reliance on expert testimony, calculation of his net income, the upward deviation of child support, and refusal to amend the judgment. The district court had denied Brett's motion to amend the judgment but clarified the exchange location for L.R.K. would be at the child's home unless mutually agreed otherwise.The North Dakota Supreme Court reviewed the case. It held that the district court did not abuse its discretion in relying on the expert witness to determine Brett's income, including income from irrevocable trusts and recurring capital gains. However, the Supreme Court found the district court's findings insufficient to support the upward deviation in child support under the guidelines and remanded for additional findings and redetermination. The Supreme Court also directed the district court to reconsider the amount of the life insurance policy based on the redetermined child support obligation. The court affirmed the district court's decision regarding the exchange provisions for L.R.K. and the requirement for Brett to maintain a life insurance policy for the child. View "Kingstone v. Kingstone" on Justia Law