Justia Family Law Opinion Summaries

The parties in this case have two minor children. Following their divorce in 2018, the mother was awarded primary residential responsibility based on agreement, and the father received limited parenting time. In February 2021, the father sought primary residential responsibility, leading to the appointment of a parenting investigator and subsequent hearings. Ultimately, the district court awarded equal residential responsibility, but after appellate review, the judgment was reversed due to insufficient findings. In February 2024, the father again moved for increased parenting time, which led to another evidentiary hearing. During this hearing, the court conducted an in chambers interview with one child over the mother’s objection and considered evidence from a prior parenting investigator’s report.The District Court of McLean County, South Central Judicial District, initially denied the father’s request for primary residential responsibility but granted an evidentiary hearing to consider modifying parenting time. After the hearing, the court found sufficient grounds for modification based on the mother’s interference with the parenting plan, the children’s desire to spend more time with their father, and uncertain exchange times. The court ordered increased parenting time for the father. The mother objected to the in chambers interview and the use of the parenting investigator’s report, arguing procedural errors and lack of proper notice.The Supreme Court of North Dakota reviewed the case. It affirmed the district court’s finding that a material change in circumstances justified modifying parenting time. However, it reversed the district court’s actions in conducting an in chambers interview without both parents’ consent and considering the parenting investigator’s report without notice and opportunity for cross-examination. The Supreme Court held that both errors were not harmless and remanded for further proceedings, instructing the district court to conduct a new best interests analysis without considering the improperly admitted evidence, or to hold a supplemental evidentiary hearing if requested. View "Goetz v. Goetz" on Justia Law

The parties, following their divorce, entered into a stipulated judgment that set out how they would share expenses for their three children, including extracurricular activities, school events, and medical costs. The judgment required equal sharing for listed traditional activities, certain forms of communication about new or related expenses, and equal division of out-of-pocket medical expenses. Communication provisions specified that if a question was posed through their shared application and no response was received within five days, consent was presumed.After the judgment, the plaintiff moved the District Court of Stutsman County to hold the defendant in contempt for failing to pay his share of these expenses. The court found the defendant in contempt, rejecting his arguments about the form of communication required and about whether certain expenses were his responsibility. The court held line-by-line hearings on the expenses, found the plaintiff had met her burden for most items, and awarded remedial sanctions and attorney’s fees. This included some expenses that had not been previously submitted to the defendant, some for which there was no clear obligation under the judgment, and mileage for transporting children to therapy. The defendant appealed, also arguing that the plaintiff’s motion was frivolous and that he was entitled to his own attorney’s fees.The Supreme Court of the State of North Dakota held that the District Court did not abuse its discretion in finding the defendant in contempt. However, it reversed the award of remedial sanctions and attorney’s fees in part, finding that some sanctions were for expenses already paid, not required under the judgment, or not properly supported by findings. It remanded for further proceedings to recalculate the proper amount of sanctions and attorney’s fees. The District Court’s order was thus affirmed in part, reversed in part, and remanded. View "Bedgar v. Wilson" on Justia Law

The case involves a dispute over the primary residential responsibility and parenting time for a child born in 2024 to two unmarried parents. The father sought an interim order for custody, and after several reschedulings, a hearing was held where only the father's counsel and the mother's attorney appeared; the mother herself was absent. Subsequently, the court granted the father primary residential responsibility and gave the mother supervised parenting time. The mother’s attorney later withdrew, and the court set further hearings, but it was unclear if the mother received proper notice of these dates.When the mother failed to appear at the scheduled pretrial conference, the District Court of Stark County, Southwest Judicial District, sanctioned her by barring her from presenting any evidence at trial, except regarding her income for child support purposes. At trial, she appeared without counsel and was only allowed to testify about her income, while the father and his mother provided testimony on other issues. The district court then entered judgment awarding primary residential responsibility to the father, continuing supervised parenting time for the mother, and ordering her to pay child support. The mother appealed, arguing she was denied due process due to improper service and that the sanction was excessive.The Supreme Court of North Dakota reviewed the case. It declined to address the mother’s due process arguments, finding her appellate briefs did not comply with procedural rules. However, it held that the district court abused its discretion by imposing an evidentiary sanction that prevented the court from considering evidence relevant to the child’s best interests. The Supreme Court affirmed the monetary sanction for attorney’s fees but reversed the evidentiary sanction, remanding for a new trial where sanctions, if imposed, must not interfere with the court’s ability to evaluate the child’s best interests. View "Kostelecky v. Erickson" on Justia Law

A husband and wife married in 1989 and separated in 2023. They had a long marriage, shared two adult daughters, and owned a marital home on twenty-six acres near Casper, Wyoming, as well as other real and personal property, including an undeveloped plot in Alaska. The marital estate included several vehicles, campers, tractors, snowmobiles, retirement and investment accounts, and pensions. The husband filed for divorce, seeking dissolution of the marriage and division of property. At trial, the main disputes involved the valuation of the marital home and the wife’s pension accounts. Both parties presented expert testimony on these values, with differing appraisals and methods.The District Court of Natrona County held a bench trial and divided the marital property, awarding the husband the marital home, the Alaska property, and most of the vehicles and equipment. The wife was awarded her pensions, a smaller share of personal property, and an $850,000 equalization payment from the husband, to be paid within ninety days. Neither party requested special findings of fact regarding the valuations. The husband appealed, arguing that the district court abused its discretion by accepting higher valuations for the marital home and lower valuations for the wife’s pensions, resulting in an excessive equalization payment.The Supreme Court of Wyoming reviewed the case for abuse of discretion. It held that, because neither party requested special findings of fact, it must presume the district court made all factual findings necessary to support its judgment. The Supreme Court concluded that sufficient evidence supported the district court’s valuation choices, that the distribution reflected consideration of the statutory factors, and that the overall property division, including the equalization payment, was not so unfair as to shock the conscience of the court. The court affirmed the district court’s decree. View "Allen v. Allen" on Justia Law

J.S. sought a domestic violence restraining order (DVRO) against her former fiancé, D.A., alleging ongoing abuse that included physical violence and threatening communications while D.A. was incarcerated. J.S. described several incidents of abuse during their relationship and stated that she was fearful of further harm upon D.A.’s eventual release from prison. After J.S. filed for a DVRO, the Superior Court of San Diego County issued a temporary restraining order, and scheduled an evidentiary hearing to decide on a permanent order. D.A., still incarcerated, responded to the court by requesting an opportunity to appear telephonically at the hearing, citing his inability to attend in person.The Superior Court of San Diego County continued the initial hearing but did not address D.A.’s request to appear telephonically. At the rescheduled hearing, D.A. was not present, and the court did not document any attempt to facilitate his participation or check his custody status. Based on J.S.’s testimony and the evidence on file, the court issued a five-year DVRO against D.A. Afterward, D.A. filed motions seeking discovery, an expert, and assistance for telephonic appearance, but there was no indication the court acted on these filings. D.A. then appealed, arguing he was denied meaningful access to the court.The California Court of Appeal, Fourth Appellate District, Division One, reviewed the case. It held that the trial court abused its discretion by not considering and ruling on D.A.’s request for telephonic appearance, depriving him of his right to meaningful access to the courts as an indigent inmate in a bona fide civil action. The appellate court reversed the judgment and remanded for further proceedings, ordering the trial court to ensure D.A. is provided with meaningful access. The temporary restraining order remains in effect pending further proceedings. View "J.S. v. D.A." on Justia Law

Two women, who were never married, were granted joint guardianship of twin girls when the children were very young. After their relationship ended, they continued to share custody through the guardianship. Several years later, both women filed competing adoption petitions. The circuit court granted one woman’s petition, making her the adoptive parent and terminating the guardianship. The other woman’s appeal of the adoption was unsuccessful.While that appeal was pending, the non-adoptive woman filed a petition in the Circuit Court of Jackson County seeking third-party custody or, alternatively, visitation rights under section 452.375.5(5). The adoptive parent moved to dismiss the petition, arguing her former partner lacked standing under the statute. The circuit court denied the motion, and the parties later appeared to reach a settlement, resulting in a proposed judgment granting third-party visitation. The adoptive parent objected before the judgment was entered, but the court signed the judgment granting visitation. When the adoptive parent was found to have violated this judgment, the court awarded compensatory visitation and attorney’s fees to the other woman. The adoptive parent appealed both rulings. The Missouri Court of Appeals affirmed, concluding the non-adoptive woman had standing and that consent to the visitation agreement was binding.The Supreme Court of Missouri reviewed the case and held that section 452.375.5(5)(a) does not create an independent cause of action for third-party custody or visitation when custody is not otherwise at issue in an underlying proceeding. The Court determined that a third party may only seek custody or visitation under the statute as part of an already pending custody dispute, not as a stand-alone action following an adoption. The Supreme Court of Missouri reversed the lower court’s judgments and dismissed the petition and related family access motion. View "In re A.L.P. and S.H.P." on Justia Law

A married couple jointly petitioned for dissolution of their marriage in Alaska, reaching a written agreement to divide their assets, including the husband’s military benefits and the marital home. At the time of the dissolution, the husband was receiving monthly payments from the Coast Guard, which were described in the petition as “retirement benefits.” Both parties confirmed in court that the agreement was voluntary and fair, and the husband agreed to pay half of his military benefits to his spouse directly. The superior court master found the agreement satisfied statutory requirements and recommended approval, which the Superior Court of the State of Alaska, Third Judicial District, Kodiak, then incorporated into the dissolution decree.After the decree was issued, the husband began labeling payments as both “retirement” and “disability pay.” Upon learning from Coast Guard officials that his payments were actually Combat-Related Special Compensation (CRSC) and not divisible as marital property under federal law, he filed motions challenging the enforceability of the decree, arguing that federal law barred division of his benefits and raising claims of mistake, fraud, and coercion. The Superior Court denied his motions, finding he had voluntarily consented to the division and that his challenges were untimely under Alaska Civil Rule 60(b), as more than one year had passed since the decree. The court also addressed an ancillary dispute regarding removal of the husband’s name from the mortgage of the marital home, ultimately finding both parties responsible for delays and declining to order a forced sale.The Supreme Court of the State of Alaska reviewed the appeal. It held that even if the decree divided benefits contrary to federal law, this did not render the judgment void or entitle the husband to relief under Civil Rule 60(b). The husband’s claims of mistake, fraud, or coercion were time-barred, and no extraordinary circumstances justified relief. The court further determined the Superior Court did not abuse its discretion in resolving the mortgage issue. The judgment was affirmed. View "Million v. Hubert" on Justia Law

A child born in 2014, RTT, was placed under the co-guardianship of his maternal grandfather, James Serfoss, III, and Mr. Serfoss’s domestic partner, Leslie M. Salmon, beginning in 2016. The two petitioners are not married. In 2025, RTT’s biological father, Tyler Thomas, sought to terminate the guardianship. In response, Serfoss and Salmon jointly counterclaimed, seeking to adopt RTT. The child’s biological mother consented to the adoption, but the biological father did not.Following the joint adoption counterclaim, Mr. Thomas moved to dismiss, arguing that Wyoming law does not permit two unmarried individuals to jointly petition for adoption. The District Court of Converse County certified the legal question to the Supreme Court of Wyoming, asking whether Wyo. Stat. Ann. § 1-22-104(b) allows for a joint adoption petition by two unmarried individuals.The Supreme Court of Wyoming, reviewing the certified question de novo, held that Wyo. Stat. Ann. § 1-22-104(b) does not permit two unmarried individuals to file a joint petition to adopt a minor child. The statute expressly allows joint petitions only for married couples and does not authorize joint petitions by multiple unmarried individuals. The court emphasized that while each unmarried adult may separately petition for adoption, they cannot file jointly; the district court may, however, consolidate separate petitions for consideration. The court declined to read into the statute any broader authority or to interpret legislative silence as permitting joint petitions by unmarried individuals. The Supreme Court’s answer to the certified question was therefore “no.” View "In the Matter of the Guardianship Of: RTT" on Justia Law

A grandmother, who was the court-appointed guardian of a minor child since birth, sought to terminate the parental rights of the child’s parents and adopt the child. After filing petitions for adoption and termination, the grandmother attempted to obtain parental consent, but the documents submitted did not comply with statutory requirements. The grandmother was unable to locate the parents for proper service of process, despite efforts including communication attempts and seeking assistance from child protective agencies.The Superior Court, Bennington Unit, Probate Division, reviewed the case. It determined that although the grandmother had exercised due diligence, the relevant statute, 15A V.S.A. § 3-403(a), required parents to be “personally served” with process. The probate division interpreted “personal service” to mean only in-hand service or delivery at the parent’s home, excluding service by publication. As a result, the court dismissed the grandmother’s petitions for lack of service.On appeal, the Vermont Supreme Court considered whether “personally served” under § 3-403(a) precluded service by publication. The Court reviewed statutory interpretation and the Vermont Rules of Civil Procedure de novo. It concluded that the legislative intent was to adopt all forms of “personal service” as defined in Rule 4(d) at the time of enactment, which included service by publication when due diligence to serve by other means fails. The Court found no constitutional bar to service by publication under such circumstances and reversed the probate division’s order dismissing the grandmother’s petition. The Vermont Supreme Court held that service by publication is permitted when the petitioner demonstrates that other forms of service cannot be made with due diligence, and remanded for further proceedings. View "In re O.R.G." on Justia Law

A mother and her husband sought to terminate the parental rights of the biological father to their minor child, K.P., and permit the husband to adopt K.P. The parents had divorced in 2019, with the mother awarded sole legal and physical custody, and the father granted twice-weekly visits. Following the divorce, the mother remarried and moved with K.P., and contact between K.P. and the father diminished. The mother and her husband initially filed an adoption petition in the probate division without serving the father. Years later, the mother served the father with a petition to terminate his parental rights. After consolidation, both the adoption and termination matters were transferred to the family division, which held evidentiary hearings. The father faced obstacles including unstable housing, lack of transportation, mental health issues, and interference from the mother and her husband.After the probate division dismissed its proceedings and the case was consolidated in the Lamoille Superior Court, Family Division, the court appointed counsel for the father and held a hearing. The family division found the father had not exercised parental responsibility for six months before the termination petition, but determined he had good cause due to interference by the mother and her husband and his personal hardships. The court found no clear and convincing evidence that the father was unable or unwilling to provide appropriate care, or that termination was in K.P.’s best interests. The court denied the termination and adoption petitions and ordered gradual reintroduction of father-child contact.The appellants also appealed to the Lamoille Civil Division, which dismissed their appeal for lack of jurisdiction. The Vermont Supreme Court reviewed both appeals. It held that the civil division correctly dismissed the appeal, as family division orders are appealable only to the Supreme Court. The Supreme Court affirmed the family division’s denial of the termination and adoption petitions, finding its factual findings supported and no legal error. View "In re K.P." on Justia Law