Justia Family Law Opinion Summaries

The State of West Virginia sought a writ of prohibition to prevent the Circuit Court of Monongalia County from enforcing its order dismissing a six-count indictment against J.L. and D.F., who were charged with crimes relating to child abuse and neglect. The Circuit Court had dismissed the indictment based on its assessment of the evidence presented in a related abuse and neglect proceeding, concluding that no trial jury could convict the parents based on that evidence. The State argued that the Circuit Court had exceeded its legitimate powers by dismissing the indictment.Previously, the Circuit Court had dismissed the indictment on the grounds that there was insufficient evidence to support it. The court based its decision on its knowledge of the evidence from a related abuse and neglect proceeding, and its opinion regarding the State's likelihood of obtaining convictions by a petit jury.The Supreme Court of Appeals of West Virginia granted the writ of prohibition. The court found that the Circuit Court had exceeded its legitimate powers by dismissing the indictment based on its improper consideration of evidence in a prior proceeding. The court held that a circuit court may not grant a defendant's pretrial motion to dismiss an indictment on the basis of the sufficiency of the evidence or whether a factual basis for the indictment exists. The court concluded that the State was entitled to the requested writ of prohibition, as the Circuit Court's order was clearly erroneous as a matter of law, and the State would be damaged in a way that was not correctable on appeal. View "State of West Virginia ex rel. State of West Virginia v. Gwaltney" on Justia Law

The case involves a father, H.A., who sought to vacate orders of the juvenile court that terminated his visitation rights and the mother’s reunification services, and set a hearing pursuant to Welfare and Institutions Code section 366.26. The father argued that the inquiry into the minors’ potential Indian heritage in this dependency case was insufficient and failed to comply with the Indian Child Welfare Act (ICWA). The San Joaquin County Human Services Agency had filed a section 300 petition on behalf of the minors based on the parents’ substance abuse, domestic violence, and the mother’s untreated mental health issues. Both parents denied having any Native American ancestry.The Court of Appeal of the State of California Third Appellate District agreed with the father's contention. The court found that the inquiry of relatives and family members about the minors’ potential Indian heritage was necessary to meet the requirements of the ICWA. The court noted that the Agency had contact with the maternal and paternal grandmothers and the paternal great-aunt, but did not ask them, or any other relatives, about possible Native American ancestry.The court vacated the juvenile court’s finding that the minors are not Indian children within the meaning of the ICWA and remanded the case to the juvenile court for further proceedings to address compliance with the inquiry and notice provisions of the ICWA. The court also issued a peremptory writ of mandate directing the respondent juvenile court to vacate the ICWA findings and conduct further proceedings to determine whether the ICWA inquiry and notice requirements have been met. The court emphasized the obligations of the parents’ and minors’ counsel, the juvenile court, and the Agency under the ICWA. View "H.A. v. Super. Ct." on Justia Law

Scott and Traci Musland, married in 1997, separated in 2022, and Scott filed for divorce. The couple resolved several interim issues through mediation, including exclusive use of the marital and lake homes. A bench trial was held in July 2023, where both parties provided testimony and exhibits. The district court found the Musland marital estate to be valued at just over eight million dollars. Traci Musland was awarded sections of land, a lake home, all of the couple’s retirement funds, miscellaneous equipment, and personal property. She also received an “equity payment” of $700,000 and was allocated responsibility for the debt associated with her credit cards and appraisal fee, leaving her a net estate of $3,224,357. Scott Musland was awarded a net estate of $4,961,915, which included the marital home, farmland, and debt, totaling $2,388,931.Traci Musland appealed the district court's decision, arguing that the property division was clearly erroneous, that the court erred in setting a land rent value, and failing to award her rent for the 2023 tax year, and that the right of first refusal granted to Scott Musland was not appropriate. The Supreme Court of North Dakota reviewed the district court’s distribution of marital property under a clearly erroneous standard. The court found that the district court provided a thorough analysis of the Ruff-Fischer guidelines and applied the law properly. The court concluded that the division of the marital estate was not clearly erroneous.However, the Supreme Court of North Dakota agreed with Traci Musland that the language of the right of first refusal as written was not appropriate. The court remanded that issue to the district court to modify the right of first refusal to provide that it is triggered by the acceptance of an offer by Traci Musland, subject to the right of first refusal. The court affirmed the district court’s distribution of the marital estate in all other respects. View "Musland v. Musland" on Justia Law

The case revolves around a dispute over the currency-exchange method used to calculate child-support arrears. The parties, previously married and living in Canada, separated in 2010. The Canadian court awarded the mother sole custody of their child and ordered the father to pay monthly child support and spousal support in Canadian dollars. The mother and child moved to Vermont, and the father to New Mexico. In 2013, the Office of Child Support (OCS) began collecting support from the father, converting the Canadian dollar obligation to U.S. dollars using the exchange rate in effect on the date of the Canadian order.The OCS filed a motion with the Vermont family division in 2020 to register the Canadian order and modify the father's child-support obligation to zero, as the child was no longer living with the mother. The father argued that the OCS should have applied the exchange rate in effect at the time he made each payment, as the value of the Canadian dollar had declined significantly since 2010. The magistrate agreed with the father's argument and directed the OCS to recalculate the arrears using the exchange rate in effect on the first day of each year.The Vermont Supreme Court affirmed the family division’s ruling that the magistrate had discretion to use a different conversion method. However, it reversed the portion of its order upholding the magistrate’s determination that the mother owed the father as a result of the recalculated currency conversion and vacated the magistrate’s order directing the mother to pay the father. The court concluded that it was inequitable to require the mother to repay the father for overpayments resulting from the recalculation, as the father had never objected to the administrative collection of the amounts determined by the OCS. View "Stone v. Henneke" on Justia Law

The Nebraska Supreme Court ruled that the State of Nebraska and the Nebraska Department of Health and Human Services (DHHS) are immune from a lawsuit brought by three siblings who were physically and sexually abused in a foster home. The siblings, Joshua M., Sydnie M., and Abigail S., were placed in the foster home by DHHS in 1996. They alleged that DHHS was negligent in recommending and supervising their placement and in failing to remove them from the home when DHHS knew or should have known they were being abused. The court found that the siblings' claims fell within the State Tort Claims Act's exemption for claims arising out of assault or battery, and thus were barred by the State's sovereign immunity. The court also found that DHHS did not breach its duty of care to the siblings. The court affirmed the judgment in favor of DHHS and remanded the case with directions to dismiss the claims against DHHS. The court also affirmed a judgment against the siblings' former foster parent in the amount of $2.9 million. View "Joshua M. v. State" on Justia Law

The case revolves around a custody dispute involving a minor child, J.B., born in March 2021. J.B. was placed in the custody of foster parents, John and Amy Caldwell, by the Mississippi Department of Child Protection Services (CPS) in June 2021. In October 2022, J.B.'s maternal great aunt, Wanda Hines, expressed interest in adopting J.B. Subsequently, the foster parents filed a petition for adoption in March 2023. In response, the relatives filed a motion to intervene and dismiss the adoption proceeding. CPS also filed a motion to dismiss, alleging that the foster parents violated their foster contract by pursuing an adoption action. The chancellor granted the relatives' motion to intervene and appointed a guardian ad litem to make a recommendation regarding the child’s best interest.The DeSoto County Chancery Court granted the foster parents durable legal and physical custody of J.B. in a temporary order until the final hearing on the merits of their adoption petition and dismissed CPS without a hearing. The relatives and CPS appealed this decision.The Supreme Court of Mississippi reversed the chancery court's decision, ruling that the chancellor erred by awarding permanent relief without a hearing. The court held that divesting and dismissing CPS from the case is permanent relief, which cannot be done without a hearing, even under the guise of a temporary order. The court also noted that durable legal custody is not an appropriate award after a termination of parental rights. The case was remanded for further proceedings. View "Hines v. Caldwell" on Justia Law

The case involves Katrina Danforth and Ryan Hansen, who share a child, SLD. Hansen filed a petition to terminate Danforth's parental rights to SLD, which Danforth answered pro se, requesting the appointment of a guardian ad litem for SLD and the termination of Hansen's parental rights. The district court ordered the termination of Danforth's parental rights but did not address her request to terminate Hansen's parental rights. Danforth appealed the decision.Previously, an Idaho court had established Hansen's paternity and awarded joint legal and physical custody of SLD to both parents, with Danforth as the primary caregiver. However, after discovering Danforth's involvement in the adult entertainment industry and her inappropriate use of SLD in her work, Hansen filed for custody modification. The court awarded temporary sole legal and physical custody to Hansen. Later, Danforth was sentenced to 10 years in prison for hiring a hitman to kill Hansen. After relocating to Wyoming with SLD, Hansen filed a petition to terminate Danforth's parental rights.In the Supreme Court of Wyoming, Danforth argued that the district court erred by disregarding her counterclaim to terminate Hansen's parental rights. The Supreme Court construed her request as a counterclaim, which remained unresolved. The court found that the district court's order terminating Danforth's parental rights did not satisfy the criteria for an appealable order as it did not resolve all outstanding issues, specifically Danforth's counterclaim. Therefore, the Supreme Court dismissed the appeal for lack of jurisdiction. View "In the Matter of SLD" on Justia Law

Joseph and Brenda Field, who were divorced in California, have a minor child. The California court granted joint legal and physical custody of the child to both parents, with Brenda Field having primary physical custody. The court also allowed Brenda and the child to move to North Dakota and established a parenting schedule. The court did not modify the child support order, which required Joseph Field to pay $500 per month in child support and share other specified expenses of the child. The court also transferred venue for all future custody matters to North Dakota.After Brenda and the child moved to North Dakota, the Burleigh County district court registered the California court’s divorce judgment and orders. Later, the Burleigh County district court assumed jurisdiction over the child custody and parenting determinations. Joseph Field filed a motion to modify his parenting time, which Brenda Field opposed. After a hearing, the Burleigh County district court issued an amended judgment modifying parenting time, decision-making, and certain expenses to be paid by the parties.Joseph Field appealed, arguing that the Burleigh County district court lacked jurisdiction to modify the child support order because a California court retained jurisdiction under the Uniform Interstate Family Support Act. He also argued that the modified parenting plan was not in the child’s best interests.The Supreme Court of North Dakota affirmed the decision of the Burleigh County district court. The court found that Joseph Field had not provided sufficient evidence to support his argument that the Burleigh County district court lacked jurisdiction over child support. The court also found that the district court’s decision to modify the parties’ parenting time was not clearly erroneous and was in the best interests of the child. View "Field v. Field" on Justia Law

The case involves a Venezuelan couple, Carlos Cuenca Figueredo and Yauri Rojas, who had a son, C.R. After their separation and divorce, they shared custody of C.R. in Venezuela. However, Rojas took C.R. to the United States without Figueredo's knowledge or permission. Twenty months after Rojas left Venezuela with C.R., Figueredo filed a petition in the Middle District of Florida seeking his son’s return under the Hague Convention on the Civil Aspects of International Child Abduction.The Middle District of Florida found that C.R. was settled in his new environment in the United States. The court considered factors such as C.R.'s stable residence, school attendance, community participation, and Rojas's employment and financial stability. The court also took into account C.R. and his mother's immigration status, noting that Rojas had been granted authorization to remain and work in the United States while her asylum application was pending. Consequently, the court denied Figueredo's petition for C.R.'s return.The United States Court of Appeals for the Eleventh Circuit affirmed the lower court's decision. The appellate court held that a child's immigration status is one relevant factor in determining whether a child is settled in a new environment. The court found that the district court did not err in finding that C.R. was settled in his new environment and did not abuse its discretion in refusing to order his return to Venezuela. View "Alberto Cuenca Figueredo v. Del Carmen Rojas" on Justia Law

A German citizen, Asli Baz, filed a suit under the International Child Abduction Remedies Act (ICARA) to compel Anthony Patterson, a U.S. citizen, to return their six-year-old son, A.P., from Illinois to Germany. The couple had previously lived together in Chicago, but after their relationship ended, they continued to cohabit and share custody of their son. Baz later moved to Germany with A.P., with Patterson's consent. However, Patterson later took A.P. from his school in Germany and brought him back to the U.S., refusing to return him to Germany.The U.S. District Court for the Northern District of Illinois found that A.P.’s habitual residence at the time he was retained was in Germany, where he had lived with Baz for over a year, and that the retention in Illinois violated Baz’s rights of custody under German law. It thus granted Baz’s petition and ordered the child’s return. Patterson appealed, challenging both the jurisdiction of the district court and its rulings on the merits of the petition.The United States Court of Appeals for the Seventh Circuit affirmed the district court's decision. The court rejected Patterson's argument that the district court lacked jurisdiction due to a provision in the Illinois Allocation Judgment, which stated that the Circuit Court of the State of Illinois had exclusive jurisdiction over the case. The court also found that the district court did not err in determining that A.P.'s habitual residence was Germany, and that Baz was exercising her rights of custody at the time of the retention. The court emphasized that its decision did not touch on any matters of custody, which should be resolved by the courts of the child's habitual residence. View "Baz v. Patterson" on Justia Law