Justia Family Law Opinion Summaries

A biological father filed a petition to establish paternity and seek custody of a minor child born to the mother approximately 100 days after the termination of her marriage. Due to the timing, the child was legally presumed to be the offspring of the former husband. The biological father asserted he had acted as the child’s parent since birth, providing financial support, living with the child, and being named on the birth certificate. The mother challenged his petition by claiming it was time-barred under Louisiana Civil Code article 198, which restricts actions to establish paternity when a presumed father exists to within one year of the child's birth. The presumed father filed a petition to disavow paternity, stating he was not involved with the mother at the relevant time and had no relationship with the child.The Juvenile Court for the Parish of Lafayette held a hearing on the mother's exceptions and ruled that Article 198 was unconstitutional as applied to the facts, finding that its application would sever an existing parental relationship and deprive the child of a father. The court denied the mother's exceptions and ruled the biological father had a right to proceed. The mother sought supervisory review, which the Court of Appeal denied. She then filed a writ application to the Supreme Court of Louisiana.The Supreme Court of Louisiana reviewed the constitutionality of Article 198 de novo. It held that, under these particular circumstances, the biological father had established a constitutionally protected liberty interest in parenting his child, and Article 198’s one-year limitation, as applied here, violated his due process rights under both the Louisiana and United States Constitutions. The court affirmed the trial court’s ruling, declaring Article 198 unconstitutional as applied to this case. View "DAVIDSON VS. HARDY" on Justia Law

A married couple had a child in Las Vegas, Nevada. Shortly after the child’s birth, the mother and child traveled to Canada, initially intending a temporary visit for a funeral. Their stay in Canada was extended unexpectedly due to circumstances including a home repair in Nevada and temporary employment, but the mother continued regular communications with the father and intended to return. During the extended stay, the couple’s relationship deteriorated. The mother filed for custody in a Canadian court, and the father, also in Canada, initiated a Hague Convention proceeding seeking the child’s return to Nevada. The Canadian court determined that the child was a habitual resident of Canada and denied the return request. The father appealed unsuccessfully and participated in the Canadian custody proceedings, contesting jurisdiction.After the failed Hague petition, the father filed for divorce, child custody, and child support in Nevada’s Eighth Judicial District Court. That court denied his motions, determining it lacked jurisdiction since significant proceedings were already underway in Canada and concluding Nevada was not the child’s home state. The father appealed, arguing that the district court wrongly declined jurisdiction.The Supreme Court of Nevada reviewed the matter. It held that under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the child’s absence from Nevada was temporary; thus, Nevada was the child’s home state for jurisdictional purposes when the custody action was filed. The Supreme Court of Nevada reversed the district court’s order, concluding that Nevada did have home state jurisdiction. However, due to the Canadian court’s pending custody proceedings and the Hague determination, the Nevada court should consider whether to defer jurisdiction to Canada. The Supreme Court of Nevada remanded the case for further proceedings, instructing the district court to attempt communication with the Canadian court and to allow briefing on the most appropriate forum before determining whether to decline jurisdiction. View "Gill v. Gill" on Justia Law

Jay Bryant initiated an action to partition a 40-acre parcel of land, originally conveyed in 1978 to his parents, Lenora and Paul Bryant, as joint tenants. Upon their divorce in 1991, a property settlement stipulated that Paul would receive the parcel as his own, and Lenora would receive a different property. Although the divorce decree incorporated this agreement, Lenora never deeded her interest in the 40 acres to Paul. Paul subsequently transferred his interest to a third party, who then conveyed the property to Jay and his brother Jed. After Paul’s death in 2021 and during probate, a title report revealed that Lenora still legally owned an undivided one-half interest in the property.The Circuit Court of the Fourth Judicial Circuit, Meade County, allowed Jay to amend his complaint to add Lenora and bifurcated the quiet title and partition actions. At trial, the court took judicial notice of the divorce file and stipulation and reviewed the chain of warranty deeds. After considering testimony and evidence, the circuit court found that Jay and Jed had a legal interest in the property and that Lenora’s claim was inconsistent with her prior agreement. The court applied judicial estoppel to preclude Lenora from asserting a continuing interest, extinguished her claim, and quieted title in favor of Jay and Jed. The court issued a final judgment on the quiet title action under SDCL 15-6-54(b).The Supreme Court of the State of South Dakota reviewed the appeal. It held that Jay had standing under SDCL 21-41-1 to pursue a quiet title action and that the claim was not barred by the 20-year statute of limitations in SDCL 15-2-6. The Court affirmed the circuit court’s application of judicial estoppel, concluding Lenora was precluded from asserting an ownership interest after accepting the benefits of the stipulated property settlement. The circuit court’s judgment quieting title in favor of Jay and Jed was affirmed. View "Bryant v. Bryant" on Justia Law

Richard Marschner and Roxane Marschner divorced in 2016 after reaching a settlement agreement dividing their marital property. Richard received a lump sum from Roxane’s retirement account, and Roxane was to receive a portion of Richard’s Army National Guard pension and Federal Employees’ Retirement System benefits upon his retirement. The divorce judgment included provisions that if Richard took action to prevent or reduce Roxane’s share of his military retirement pay—including by waiving retirement pay in favor of disability pay—he would be required to indemnify Roxane. Both parties waived spousal support in the original settlement.After Richard was separated from the National Guard for medical reasons, he began receiving military disability retired pay and waived all his retirement pay. When Roxane attempted to collect her share, the Defense Finance and Accounting Service denied her request, stating that disability pay was not divisible under the Uniformed Services Former Spouses’ Protection Act. Roxane then sought an amended judgment or redistribution of the marital estate from the District Court of Burleigh County, South Central Judicial District. The district court awarded Roxane spousal support equivalent to her lost share of Richard’s retirement pay, relying on the indemnification provision and reasoning that federal law did not prevent enforcement of the parties’ agreement.The Supreme Court of North Dakota reviewed the case de novo, focusing on whether federal law preempts enforcement of the indemnification provision. The court held that federal law, as interpreted in Howell v. Howell, prohibits state courts from dividing military disability retired pay or enforcing indemnification provisions, even if contractually agreed upon. The district court’s award of spousal support was deemed an impermissible division of disability pay. The Supreme Court of North Dakota reversed the amended judgment. View "Marschner v. Marschner" on Justia Law

A couple residing in Kansas held a wedding ceremony in Washington state without a marriage license and subsequently celebrated their marriage with family and friends in Kansas. After the ceremony, they began living together, consistently presented themselves as a married couple both in person and on social media, maintained joint financial accounts, filed joint tax returns, and were recognized as married by family, friends, and business associates. The wife began using her husband's surname in public and business settings. Despite this, several government agencies refused to recognize her name change due to the lack of a government-issued marriage document, preventing her from updating identification and financial records.Seeking a legal resolution, the couple filed an uncontested petition in the Wyandotte District Court for a declaratory judgment to recognize their common-law marriage and for the wife’s legal name change. At an evidentiary hearing, both parties and supporting witnesses testified, and no opposition appeared. The district court found that the couple had the capacity to marry, entered into a present marriage agreement, and held themselves out as husband and wife to the public, thus meeting all requirements for a Kansas common-law marriage. The court also granted the legal name change.The couple appealed for certification purposes, recognizing that federal agencies require a ruling from the state's highest court to be bound by such determinations. The Supreme Court of the State of Kansas reviewed the case, confirming its jurisdiction for this purpose. The court held that substantial competent evidence supported the district court’s findings that the elements of a common-law marriage were satisfied and affirmed the district court’s judgment recognizing both the marriage and the wife’s name change. View "In re Common-Law Marriage of Kelley " on Justia Law

A mother’s parental rights were terminated after her child was born drug-affected, prompting the Department of Health and Human Services to seek a child protection order. The mother, struggling with opioid use disorder, spent significant periods in jail and various treatment facilities. Despite participating in an Adult Treatment and Recovery Court program, she experienced multiple relapses and did not complete her treatment programs. At the time of the termination hearing, she remained in treatment with no clear plan for when she could care for her child.The District Court (Springvale) conducted a hearing on the Department’s petition to terminate parental rights. The court received evidence that the mother had a long-standing substance use disorder and inconsistent participation in treatment. The guardian ad litem (GAL) assigned to the case did not meet several statutory obligations, including meeting the mother in person, observing visits, attending family meetings, and filing timely reports. Nevertheless, the court found the mother unfit based on statutory criteria and concluded that termination was in the child’s best interest. The mother appealed, arguing that the court misunderstood addiction and that deficiencies in the GAL’s performance undermined the best interest determination.The Maine Supreme Judicial Court reviewed the case for clear error and abuse of discretion. The court held that the evidence supported a finding of parental unfitness under at least one statutory ground, and deficiencies in the GAL’s performance did not prevent the trial court from independently determining the child’s best interest. The court also found no abuse of discretion in the trial court’s decision not to explicitly consider a permanency guardianship. Accordingly, the Maine Supreme Judicial Court affirmed the judgment terminating the mother’s parental rights. View "In re Child of Danielle H." on Justia Law

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