Justia Family Law Opinion Summaries

A married couple with two young children went through divorce proceedings after the mother filed for divorce. During the marriage, the mother was the primary caregiver, staying home with the children, while the father worked long hours as a mechanic and business owner. Both parties presented evidence at trial regarding their respective parenting abilities, disciplinary approaches, and their differing views on matters such as medical care and education. Testimony addressed concerns about each parent’s past drinking, interactions with the children, willingness to facilitate contact with the other parent, and incidents involving the children’s care.The District Court of Washakie County conducted a bench trial and, after evaluating the statutory best interest factors, awarded joint legal custody of the children to both parents. The court designated the mother as the primary residential caregiver and final decision-maker for major matters, granting the father regular parenting time, including certain weekends, evenings, holidays, and summer periods. The father appealed the custody determination, arguing that the court violated his constitutional rights by not granting equal parenting time and claiming the court abused its discretion in its allocation of parenting time.The Supreme Court of Wyoming reviewed the appeal. It held that, in custody disputes between two fit parents, the constitutional principles cited in cases like Troxel v. Granville do not require courts to allocate equal parenting time. Instead, the court reaffirmed that Wyoming law requires custody to be determined according to the best interests of the children, without any presumption in favor of equal or shared custody. The Supreme Court found that the district court had thoroughly considered the statutory factors, acted within its discretion, and did not violate the father’s fundamental rights. The Supreme Court of Wyoming affirmed the district court’s custody order. View "Smith v. Smith" on Justia Law

This case involves a dispute between two formerly married individuals regarding possession of their cat, Yasmine, following their divorce in 2015. Their Marital Property Settlement Agreement (MPSA) specified that the wife would be awarded possession of the cat, but the husband would care for Yasmine until the wife requested possession. If the husband’s new residence did not permit cats after the sale of the marital home, he was required to notify the wife, who then had 20 days to take custody or arrange for the cat’s care. After the marital home was sold in 2016, the husband notified the wife, but she was unable to take possession or arrange care for Yasmine immediately and requested more time. The husband agreed to a short extension, but the wife did not act within that period, and the cat remained with the husband. Several years later, in 2023, the wife sought custody of Yasmine, but the husband refused, claiming she had forfeited her rights under the MPSA.The Eleventh Judicial District Court, Flathead County, held a hearing in January 2024 on the wife’s motion for contempt, alleging the husband violated the MPSA. The court found that the husband had provided proper notice, the wife was aware of this, and she failed to take the cat or arrange for its care within the agreed-upon timeframe. The court denied the contempt motion and issued its findings and order in February 2024. Subsequent motions by the wife for reconsideration and an out-of-time appeal were denied or deemed denied.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court’s decision. The Supreme Court held that the MPSA did not grant the wife an indefinite right to possess Yasmine and that her rights under the agreement expired months after the time extension, not years later. The court found no abuse of discretion in the District Court’s denial of the contempt motion. View "Marriage of Burgard & Jacobsen" on Justia Law

After the Department of Public Health and Human Services received a report that the mother of a fourteen-year-old, J.D., had been arrested for allegedly making numerous inappropriate calls to a sheriff’s dispatch over two years, J.D. was left without another adult with legal custody. The Department placed J.D. with his aunt, T.M., on an emergency basis. The Department’s case focused on concerns about the mother’s mental health, including reports of erratic behavior during her custody and prior departmental involvement. The Department filed a petition for emergency protective services, adjudication of J.D. as a youth in need of care (YINC), and temporary legal custody, supported by an affidavit describing alleged neglect and the need for immediate protection due to the mother’s mental health.The Fifth Judicial District Court, Beaverhead County, held a show cause hearing in March 2023, where the mother denied the allegations but stipulated to cause. At an adjudicatory hearing in April 2023, the Department presented testimony primarily regarding the mother’s mental health and past incidents, such as throwing objects, but did not establish any present physical or psychological harm to J.D. or substantial risk thereof. J.D.’s counsel advised the court that J.D. was not afraid of his mother. The District Court adjudicated J.D. as a YINC, finding the mother’s mental health issues presented a risk to J.D.’s well-being and granted the Department temporary legal custody, later imposing a guardianship.Reviewing the case, the Supreme Court of the State of Montana applied an abuse of discretion standard. The Court held that the District Court’s finding of abuse and neglect was not supported by substantial evidence, as the Department failed to demonstrate a specific, imminent risk of harm to J.D. resulting from the mother’s conduct. Therefore, the Supreme Court reversed and vacated both the adjudication of J.D. as a YINC and the subsequent guardianship order. View "Matter of J.D." on Justia Law

A credit union recorded a judgment lien against an individual, Troy Lewis, in January 2017. Several months later, the Alaska Department of Revenue, Child Support Services Division (CSSD), recorded a child support lien against Lewis’s property. Subsequently, a law firm acting as trustee initiated a nonjudicial foreclosure on Lewis’s property to satisfy a deed of trust held by a bank. After paying the bank, the trustee was left with surplus proceeds from the foreclosure sale. Both the credit union and CSSD claimed entitlement to these surplus funds, with the credit union asserting priority based on the earlier recording of its lien, and CSSD asserting priority under statutes specific to child support liens and withholding orders.The District Court of the State of Alaska, Anchorage, ruled in favor of CSSD, finding that the statutory provisions governing child support liens and withholding orders gave CSSD priority to the surplus funds, despite its lien being recorded after the credit union’s. The district court also found that CSSD’s withholding order applied to the surplus. The Superior Court of the State of Alaska, Third Judicial District, Anchorage, affirmed this decision, relying primarily on the child support withholding order statute as more specific and therefore controlling over the general lien priority statute.The Supreme Court of the State of Alaska held that CSSD’s withholding order was ineffective in this scenario because, at the relevant time, the surplus funds were not “due, owing, or belonging” to Lewis, as required by the statute. However, the court ruled that the statutory prohibitions on transferring property subject to a CSSD child support lien (AS 25.27.230(d)) do apply to judgment lienholders in nonjudicial foreclosure proceedings. This effectively grants CSSD’s lien priority over other judgment liens, regardless of recording order. The Supreme Court affirmed the superior court’s judgment. View "Alaska USA Federal Credit Union v. The Sayer Law Group, P.C." on Justia Law

The defendant, Eric Honors, was accused of sexually assaulting his sixteen-year-old stepdaughter, B.J., both in the sleeper cab of his semi-truck outside their Wichita, Kansas home and during a subsequent drive from Kansas to Texas. Throughout these events, Honors held B.J. captive, repeatedly assaulted her, and made various videos documenting the abuse. Three such videos were recovered by investigators, all recorded in Kansas; other videos described by B.J. that were made in Oklahoma and Texas were not recovered.Honors was indicted by a federal grand jury in the United States District Court for the District of Kansas on two counts: transportation of a minor with intent to engage in criminal sexual activity and production of child pornography. At trial, the jury convicted him on both counts. The district court sentenced Honors to a total of sixty years in prison and ten years of supervised release. It also imposed a special condition prohibiting Honors from contacting B.J. or her family, including his wife and four biological children, during supervised release. Initially, the district court declined to extend the no-contact order to his prison term, reasoning it lacked authority, but later reconvened and imposed the order during incarceration as a civil injunction.Honors appealed to the United States Court of Appeals for the Tenth Circuit, raising three issues: (1) whether the jury instructions constructively amended the indictment by omitting language limiting the offense to Kansas, (2) whether the district court had authority to impose the no-contact order during incarceration, and (3) whether there was sufficient justification for prohibiting contact with his wife and children during supervised release. The Tenth Circuit held that any error regarding the jury instructions was not plain, affirmed the conviction on Count 2, vacated the custodial no-contact order in its entirety for lack of jurisdiction, and vacated the supervised release condition prohibiting contact with his wife and biological children, finding no compelling justification. View "United States v. Honors" on Justia Law

The biological parents of a minor child, born in January 2018, have a contentious history involving allegations of abuse, criminal charges, and a ten-year order of protection against the father, Daniel Whitby, based on the mother's allegations of assault and rape. The mother, Reina Irene Cazabal-Boe, petitioned for a parenting plan that would exclude Whitby from all contact and visitation with the child, citing safety concerns. Whitby counter-petitioned, alleging drug use and abuse by Cazabal-Boe. A hearing was held in 2018, but Whitby did not attend, and the Standing Master adopted the mother’s proposed plan, giving her sole parenting rights and denying Whitby any contact.Following Whitby’s guilty pleas to various offenses against Cazabal-Boe, he twice sought to modify the parenting plan, alleging changed circumstances such as rehabilitation, sobriety, completion of anger management courses, and psychological evaluations. Both times, the Standing Master—first in 2019 and again in 2025—denied his motions without an evidentiary hearing, finding no change in circumstances affecting the child and awarded attorney fees against Whitby, labeling his repeated motions as vexatious. The Montana Thirteenth Judicial District Court adopted these findings, denying a hearing and refusing to amend the plan.The Supreme Court of the State of Montana reviewed the case, applying abuse of discretion and clearly erroneous standards. It found that Whitby’s affidavits, if true, plausibly alleged a change in circumstances that required a hearing under Montana law. The Court held that the District Court erred by denying a hearing and by awarding attorney fees without proper findings. The Supreme Court reversed the District Court’s denial of a hearing, vacated the merits denial of amendment, and remanded for an evidentiary hearing to determine if modification of the parenting plan is warranted, also reversing the attorney fees award. View "In re Parenting of A.M.B." on Justia Law

C.M.B., a child born in 2018, was removed from her mother’s care following repeated reports and incidents of domestic violence, substance abuse, and unsafe conditions in her home. Law enforcement and Child and Family Services (CFS) intervened after a particularly concerning event in May 2023, finding the home unsanitary and the children exposed to potentially violent situations. Over several years, the family had been subject to multiple investigations for neglect and abuse. After removal, C.M.B. and her siblings were placed in foster or kinship care. The mother was unable to consistently participate in visits or comply fully with her treatment plan, partially due to her own legal and housing difficulties.The Fourth Judicial District Court, Missoula County, adjudicated C.M.B. as a youth in need of care and granted temporary legal custody to the Department. The mother stipulated to the initial petition but later struggled to engage with required services. After extensive proceedings, including testimony from therapists and social workers, the district court found that the mother did not provide a safe or stable home, failed to make meaningful progress on her treatment plan, and that her conditions were unlikely to change within a reasonable time. The court terminated parental rights and granted permanent legal custody to the Department.On appeal to the Supreme Court of the State of Montana, the mother challenged both her standing to assert ineffective assistance of counsel claims on behalf of C.M.B. and the district court’s findings regarding her ability to change. The Supreme Court held that the mother lacked standing to assert C.M.B.’s statutory and constitutional rights to counsel, as she did not show a personal constitutional violation. Additionally, the court concluded that the district court did not abuse its discretion in terminating parental rights, finding the decision supported by substantial evidence. The Supreme Court affirmed the termination and permanent custody order. View "In re C.M.B." on Justia Law

After the dissolution of their marriage, Jane and Kenton Girard became involved in prolonged legal proceedings regarding custody of their two minor children. Following Kenton's remarriage to Marissa Girard, the Illinois state court added Marissa as a party to the postjudgment custody dispute in 2023. The situation grew more complicated when Kenton filed a cross-claim against Marissa over a postnuptial agreement, which he argued did not obligate him to indemnify her for legal expenses or lost earnings related to the custody litigation. Marissa responded by removing the entire case to federal court, asserting the existence of a federal question.The United States District Court for the Northern District of Illinois reviewed the removal and determined that the case did not present a federal question. The court found that the dispute revolved around state-law issues of contract and domestic relations, and therefore remanded the case to state court for lack of subject-matter jurisdiction. Marissa appealed this remand order to the United States Court of Appeals for the Seventh Circuit. However, the Seventh Circuit dismissed her appeal, noting that remand orders are generally not appealable unless the case was removed under specific statutory provisions, which did not apply here.The United States Court of Appeals for the Seventh Circuit then addressed a motion for sanctions under Rule 38 of the Federal Rules of Appellate Procedure, filed by Jane Girard. The court held that Marissa’s appeal was frivolous, both because removal to federal court was unwarranted and because the remand order was not appealable. The court awarded Jane damages in the amount of $2,808.75 for fees and costs incurred in defending the appeal. View "Girard v. Girard" on Justia Law

A county child welfare agency initiated proceedings to terminate a mother's parental rights to her twins, who had been removed from her care at around six months old. The mother was assigned counsel but had not communicated with her attorney prior to the fact-finding hearing. At the hearing, the mother appeared remotely, while her attorney was present in person. The attorney informed the Family Court that he had not discussed the case with his client and intended to remain silent. The court instructed him to participate regardless. Only after the hearing began did counsel request time to speak with the mother. During the proceedings, the mother attempted to represent herself but expressed confusion about the process and later asked to be represented again. The court denied her renewed request for representation and allowed only brief opportunities for her and counsel to communicate.The Family Court determined that the mother had permanently neglected her children and proceeded to the dispositional phase, ultimately terminating her parental rights in favor of adoption by the foster family. The mother appealed. The Appellate Division affirmed the Family Court's decision, finding that the mother had not been denied effective assistance of counsel and that her waiver of counsel was knowing, voluntary, and intelligent.The New York Court of Appeals reviewed the case and concluded that the mother was deprived of her right to the effective assistance of counsel. The Court held that, in proceedings to terminate parental rights, the right to assigned counsel necessarily includes the right to effective assistance of counsel. The Court found that counsel’s failure to communicate with the mother prior to the hearing, and to request an adjournment to do so, lacked any strategic or reasonable justification, thus rendering the representation ineffective and undermining the fairness of the proceedings. The Court of Appeals reversed the order of the Appellate Division and remitted the matter to Family Court for a new hearing. View "Matter of Parker J." on Justia Law

After separating from his wife Monique in 2016, Brett, a sculptor, was ordered in a dissolution proceeding to pay spousal and child support. Brett accumulated approximately $2 million in unpaid support obligations and, according to his own testimony, held no assets apart from a copyright in certain works associated with Michael Jackson. Monique moved to have a receiver appointed and to compel Brett to assign the copyright to the receiver for purposes of monetization to satisfy the outstanding support debt.The Superior Court of Los Angeles County granted Monique’s request, appointing a receiver and ordering Brett to assign his copyright to that receiver. Brett did not dispute his debt or the fact that his copyright was his only asset but argued that existing law did not authorize courts to compel the assignment of a copyright, contending that such authority existed only for patents. He timely appealed from this order.The California Court of Appeal, Second Appellate District, Division One, reviewed the case. The court held that, under Code of Civil Procedure section 695.010, subdivision (a), all property of a judgment debtor, including copyrights, is subject to enforcement of a money judgment unless a specific exception applies. The court found no exception for copyrights. It further reasoned that although no published California case had previously addressed forced assignment of copyrights, statutes and past cases regarding other intellectual property, such as patents, supported the trial court’s authority. The court also found persuasive support in analogous federal and out-of-state decisions. Consequently, the Court of Appeal affirmed the trial court’s order compelling Brett to assign his copyright to the receiver and denied Monique’s request for appellate sanctions. Respondent was awarded costs on appeal. View "In re Marriage of Strong" on Justia Law