Justia Family Law Opinion Summaries

Regina Goeden and Wayne Goeden were involved in a divorce proceeding where Wayne contested the circuit court's decisions on the validity of their premarital agreement, the valuation and division of marital property, the treatment of his veterans' disability benefits, and the grounds for divorce. Regina and Wayne had been married since 2017, and both had adult children from previous marriages. They lived together in a home owned by Wayne, and prior to their marriage, Wayne physically assaulted Regina, leading to a temporary breakup and legal charges against Wayne.The Circuit Court of the Second Judicial Circuit in Minnehaha County, South Dakota, found the premarital agreement void and unenforceable, determining that Regina did not execute it voluntarily and that it was unconscionable. The court also found that Wayne did not provide a fair and reasonable disclosure of his property and financial obligations. The court divided the marital property equally, giving Wayne credit for certain premarital assets but rejecting his claims for additional credits related to the marital home and other expenses. The court also found that Wayne violated a temporary restraining order by using marital funds for personal expenses.The Supreme Court of the State of South Dakota affirmed the circuit court's decisions. The court held that the premarital agreement was unconscionable and that Wayne did not provide adequate disclosure of his assets. The court also upheld the equal division of the marital estate, finding no abuse of discretion in the circuit court's valuation and division of property. Additionally, the court agreed with the circuit court's treatment of Wayne's veterans' disability benefits, determining that they lost their exclusionary status when commingled with marital funds. Finally, the court affirmed the grant of divorce to Regina on the grounds of extreme cruelty, based on credible evidence of Wayne's emotional abuse. View "Goeden v. Goeden" on Justia Law

The Department of Children, Youth, and Families (DCYF) filed petitions to terminate the parental rights of a father to his three sons, B.M., A.M., and N.M., based on allegations of unfitness. The petitions cited that the children had been in DCYF care for over twelve months without a substantial probability of returning to the father within a reasonable period. The father had moved out of state, inconsistently engaged in required services, and failed to maintain regular visitation with his children. The children were placed in a foster home where they thrived and expressed a desire not to return to their father.The Family Court held a bench trial over several days, admitting various exhibits and hearing testimonies from DCYF caseworkers, therapists, and the father. The court found by clear and convincing evidence that the father was unfit due to his failure to complete required services, inconsistent visitation, and inability to provide a stable environment. The court also found that the children were well-adjusted and bonded with their foster mother, and it was in their best interests to terminate the father's parental rights.The Rhode Island Supreme Court reviewed the case and affirmed the Family Court's decree. The Supreme Court found that there was competent evidence supporting the Family Court's findings of unfitness, DCYF's reasonable efforts to reunify the family, and that termination of parental rights was in the best interests of the children. The Supreme Court noted that the father’s inconsistent engagement with services and visitation, along with the children’s expressed wishes and well-being in their foster home, justified the termination of his parental rights. View "In re B.M." on Justia Law

A six-year-old child, Z.K., was removed from the custody of Yumila Cardenas-Garcia due to unlivable conditions in her home. Cardenas-Garcia was charged with felony child abuse, neglect, or endangerment. She pleaded no contest at the custody hearing, and Z.K. remained in protective custody. In a separate criminal case, she pleaded guilty to the felony as part of a plea agreement, which allowed her to withdraw the felony plea after completing probation and instead plead guilty to a misdemeanor.The Eighth Judicial District Court held an evidentiary hearing to determine if Cardenas-Garcia had rebutted the statutory presumption against reunification under NRS 432B.555, which applies to parents convicted of felony child abuse. The court found she had not proven by clear and convincing evidence that Z.K. would not be harmed by reunification. After completing probation and withdrawing her felony plea, Cardenas-Garcia again sought a determination on the presumption's applicability. The district court maintained that the presumption still applied because she had not rebutted it at the prior hearing.The Supreme Court of Nevada reviewed the case and denied the petition for a writ of mandamus. The court held that NRS 432B.555 applies to anyone who has ever been convicted of felony child abuse, regardless of the legal status of that conviction. The court emphasized that the statute's use of the word "ever" means it applies even if the conviction was later voided. The court concluded that the presumption against reunification remains unless the parent can prove by clear and convincing evidence that no harm will come to the child. The petition was denied, affirming the district court's application of the statutory presumption. View "CARDENAS-GARCIA VS. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA" on Justia Law

Leslie Torgerson, a non-Indian, and Terri Torgerson, an enrolled member of the Sisseton Wahpeton Oyate Tribe (SWO), were married in South Dakota. Terri filed for divorce in the SWO tribal court, while Leslie filed for divorce in Roberts County. Leslie moved to dismiss the tribal court proceedings, arguing lack of jurisdiction and improper service, but the tribal court denied his motion. Subsequently, Terri moved to dismiss Leslie’s state court proceedings, and the circuit court granted her motion, recognizing the tribal court’s order under the principle of full faith and credit. Leslie appealed this decision.The circuit court concluded that it shared concurrent subject matter jurisdiction with the tribal court over the divorce but deferred to the tribal court’s order, which it believed had obtained valid personal jurisdiction first. The court also found that the tribal court’s order was entitled to full faith and credit, despite Leslie’s arguments to the contrary.The Supreme Court of South Dakota reviewed the case and reversed the circuit court’s decision. The court held that the circuit court erred in extending full faith and credit to the tribal court’s order. Instead, the court should have applied the principles of comity under SDCL 1-1-25, which requires clear and convincing evidence that the tribal court had proper jurisdiction and that the order was obtained through a fair process. The Supreme Court found that the tribal court lacked both subject matter and personal jurisdiction over Leslie, a non-Indian, and that the tribal court’s order did not meet the requirements for comity. Consequently, the tribal court’s order was not enforceable, and the circuit court’s dismissal of Leslie’s divorce action was reversed. View "Torgerson v. Torgerson" on Justia Law

In 2014, a woman and her two children from a previous relationship moved in with a man. They had a child together in 2018 and married in 2019. The man ran a trucking business, and the woman assisted with bookkeeping. She also worked briefly at a mental health facility and later as a secretary at a hospital. The couple separated in March 2022, and the woman filed for divorce shortly thereafter.The District Court of Weston County entered a stipulated decree of divorce in January 2023, settling child custody, visitation, and child support. However, the division of marital property was disputed. A bench trial was held in April, and the court issued its final order in November, dividing the marital property. The court considered the equitable value of the marital home, rental property, livestock, personal vehicles, personal property, and debts. The man was assigned the marital home, while the woman received her retirement funds and an equalization payment from the man.The man appealed to the Supreme Court of Wyoming, arguing that the district court abused its discretion in dividing the marital property. He contended that the court failed to allocate a portion of an IRS debt to the woman and improperly valued his trucking business. The Supreme Court reviewed the district court’s findings for an abuse of discretion and found no clear error. The court noted that the district court had appropriately considered the statutory factors under Wyo. Stat. Ann. § 20-2-114(a) and had made a just and equitable division of the property.The Supreme Court of Wyoming affirmed the district court’s decision, concluding that the property division was not so unfair and inequitable that reasonable people could not abide by it. The court also found that the district court had reasonably considered each of the statutory factors and that its ruling did not shock the conscience. View "Regan v. Regan" on Justia Law

The case involves Angelica A. (mother) and Luis C. (father), who have two children, Dezi C. and Joshua C. In 2019, the Los Angeles County Department of Children and Family Services (Department) filed petitions to assert dependency jurisdiction over the children due to the parents' substance abuse and domestic violence issues. Both parents denied having Indian heritage on their Parental Notification of Indian Status forms. The juvenile court initially found that ICWA did not apply based on the parents' denials. The children were removed from their parents' custody, and the parents were provided with reunification services, which were later terminated due to non-compliance. The court eventually terminated the parents' rights, concluding the children were adoptable by their paternal grandparents.The mother appealed the termination of her parental rights, arguing that the Department failed to comply with its duty under ICWA and related California provisions to inquire about the children's possible Indian ancestry from extended family members. The Court of Appeal acknowledged the Department's inquiry was deficient but concluded the error was harmless unless the record suggested a reason to believe the children might be Indian children.The California Supreme Court reviewed the case to resolve the conflict among lower courts regarding the standard for assessing prejudice from an inadequate ICWA inquiry. The Court held that an inadequate Cal-ICWA inquiry requires conditional reversal of the juvenile court's order terminating parental rights. The Department must conduct an adequate inquiry and document it properly. If the juvenile court finds the inquiry proper and concludes ICWA does not apply, the termination order will be reinstated. If ICWA applies, the court must proceed accordingly. The Court emphasized the importance of protecting tribal rights and ensuring compliance with ICWA and Cal-ICWA to determine whether a child is an Indian child. View "In re Dezi C." on Justia Law

Megan Vassilopoulos (Mother) and Kyle Vassilopoulos (Father) were granted a divorce by the District Court of Fremont County. The court awarded Father primary physical custody and decision-making authority over their minor child, LJV, and deviated the presumptive child support amount to zero. The court also divided the marital property, awarding Mother the marital home and other assets, while Father retained his businesses and other personal property. Mother appealed the custody, child support, and property division decisions.The District Court of Fremont County initially issued a temporary custody order, granting Mother primary physical custody and Father visitation rights. After a three-day bench trial, the court awarded joint legal custody, with Father having primary physical custody and decision-making authority. The court also deviated the presumptive child support amount to zero, citing the number of days LJV was with Mother and her provision of health insurance. In a subsequent two-day bench trial, the court divided the marital property, awarding Mother the marital home and other assets, while Father retained his businesses and other personal property.The Supreme Court of Wyoming reviewed the case. It affirmed the district court’s custody and property division orders, finding no abuse of discretion. The court held that the district court adequately considered the child’s best interests and the statutory factors for property division. However, the Supreme Court found that the district court abused its discretion by deviating from the presumptive child support amount without fully explaining its reasons. The court reversed and remanded the child support order for further findings based on the evidence in the record. View "Vassilopoulos v. Vassilopoulos" on Justia Law

A natural mother filed a petition to set aside the adoption of her child, D.A.P., more than five years after the final adoption decree. She claimed that the adoption was based on fraudulent misrepresentations that it would be an "open" adoption, allowing her continued contact with the child. The adoption was finalized on July 6, 2017, and the mother alleged that she was misled into believing she would maintain contact with her child post-adoption.The Neshoba County Chancery Court denied the mother's request for access to adoption records in 2021, citing the statute of limitations and lack of good cause. In 2022, the mother filed a petition to set aside the adoption decree, claiming fraud, coercion, and misrepresentation. The court dismissed her petition, noting that the mother had not appealed the original adoption judgment and that setting aside the adoption would prejudice the adoptive parents and the child. The court found no evidence of fraud upon the court, as the adoption petition clearly stated the termination of the mother's parental rights.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that the mother's petition was untimely, as it was filed more than six months after the adoption decree, which is the statutory limit for challenging an adoption in Mississippi. The court also found no fraud upon the court, as there was no sworn testimony or filing indicating an open adoption. The court emphasized the importance of finality in adoption proceedings to ensure stability and security for the child. View "In the Matter of the Adoption of D.A.S." on Justia Law

Mark Rath and Heather Zins share a child, A.J.O., born in 2004. Zins was awarded primary residential responsibility, and Rath was ordered to pay child support. A.J.O. turned 18 in November 2022, ending Rath's ongoing support obligation, but he had accrued arrears. Rath was served with an order to show cause for civil contempt due to non-payment. After an evidentiary hearing, a judicial referee found Rath in contempt and ordered him to make monthly payments towards his arrears, with a suspended 20-day jail sentence contingent on a future hearing.Rath sought review by the District Court of Burleigh County, which adopted the judicial referee's findings. Rath appealed, arguing violations of his right to counsel, errors in child support calculations, and that the Federal Consumer Credit Protection Act limits the State's ability to collect more than fifty percent of his income. He also claimed the defense of laches and third-party standing should prevent enforcement of his obligations.The North Dakota Supreme Court reviewed the case under a clearly erroneous standard. The court held that Rath's Sixth Amendment right to counsel was not violated because the contempt hearing did not result in immediate incarceration, and procedural safeguards were followed. The court also found that Rath's child support obligation continued despite temporary custody by the division of juvenile services and that the doctrine of laches does not apply to child support arrearages. Additionally, the court ruled that the State and Zins have standing to collect arrears even after the child reached the age of majority, and the Federal Consumer Credit Protection Act does not limit the State's collection efforts in this context. The Supreme Court affirmed the district court's decision. View "Burleigh County Social Service Board v. Rath" on Justia Law

Bijan Boutiques, LLC (Bijan) appealed a summary judgment in favor of Rosamari Isong. Bijan sought to void the property distribution in the marital dissolution judgment between Isong and her former husband, Richard Milam Akubiro, under the Uniform Voidable Transactions Act (UVTA). Bijan argued that the judgment was fraudulent as it awarded Isong the couple’s only U.S. property, making it difficult to enforce a judgment Bijan had against Akubiro without incurring significant expenses to pursue foreign assets.The Superior Court of San Bernardino County ruled that Bijan’s complaint was barred by Family Code section 916, subdivision (a)(2), which protects property received in a marital dissolution from being liable for a spouse’s debt unless the debt was assigned to the receiving spouse. The court found that the marital dissolution judgment was not a product of a negotiated settlement but was adjudicated by the court, thus not subject to the UVTA.The California Court of Appeal, Fourth Appellate District, Division Three, affirmed the lower court’s decision. The appellate court held that Family Code section 916 precludes Bijan from enforcing its judgment against the property awarded to Isong. The court distinguished this case from Mejia v. Reed, which allowed UVTA claims against marital settlement agreements, noting that the dissolution judgment here was court-adjudicated, not a private agreement. The court also rejected Bijan’s arguments that the judgment was obtained by fraud and that the Chino property should not have been subject to division, affirming that the property was presumed to be community property under Family Code section 2581.The appellate court concluded that Bijan could not satisfy its judgment against Akubiro by executing on the property awarded to Isong and affirmed the summary judgment in favor of Isong. View "Bijan Boutiques v. Isong" on Justia Law