Justia Family Law Opinion Summaries

A mother (TH) appeals a juvenile court's decision to change the permanency plan for her minor child (LH) from reunification to adoption. LH was taken into state custody shortly after birth due to both mother and child testing positive for opiates. The mother has another child, RH, who remained in her custody. The mother argues that the juvenile court did not consider LH's relationship with RH and that it abused its discretion by changing the plan to adoption despite her maintaining sobriety for six months.The District Court of Park County initially placed LH in the custody of the Department of Family Services (Department) and ordered the mother to abstain from controlled substances and undergo drug testing. Despite entering inpatient treatment and attending counseling, the mother continued to test positive for illegal substances, leading to suspended visitations with LH. The Department recommended changing the permanency plan to adoption after the mother failed to maintain sobriety and secure stable housing and employment.The Wyoming Supreme Court reviewed the case and found that the juvenile court did not abuse its discretion. The court noted that the juvenile court had ample evidence of LH's relationship with RH and the potential for sibling separation. The juvenile court's decision to change the permanency plan to adoption was based on the mother's failure to make sufficient progress on her case plan goals, particularly her sobriety and obtaining a stable living environment, within the statutory timeframe. The court emphasized that children have a right to stability and permanency, which outweighed the mother's progress in the months leading up to the permanency hearing.The Wyoming Supreme Court affirmed the juvenile court's decision to change the permanency plan from reunification to adoption, allowing the Department to cease reunification efforts. View "In re L.H. v. State" on Justia Law

Yolanda M. Currier and James M. Currier were married in 2000, and Yolanda filed for divorce in 2017. The divorce judgment, entered in 2019, awarded Yolanda sole parental rights and responsibilities for their three children, child support, spousal support, and half the value of James’s employee stock plan and 401(k) account. James was found to have committed economic misconduct by cashing in stocks and taking loans against his 401(k) during the divorce proceedings.The District Court (South Paris) found James in contempt multiple times for failing to comply with the divorce judgment. In 2023, Yolanda filed a fifth motion for contempt, asserting that James failed to provide an accounting of his stocks and did not file a proposed qualified domestic relations order (QDRO) for the division of his 401(k) account. The court found James not in contempt regarding the stock division, concluding that Yolanda did not prove James owned stocks. However, the court found James in contempt regarding the 401(k) account, valuing it at $7,000 and awarding Yolanda $3,500.The Maine Supreme Judicial Court reviewed the case and found that the District Court erred in its findings. The Supreme Judicial Court concluded that Yolanda met her burden of proving James’s noncompliance with the stock accounting and division order. The court also found that the District Court erred in valuing the 401(k) account at $7,000, as this figure excluded the value of loans taken against the account, contrary to the divorce judgment’s provisions.The Maine Supreme Judicial Court vacated the District Court’s judgment and remanded the case for further proceedings consistent with its opinion, noting James’s pattern of noncompliance and suggesting the consideration of punitive sanctions if his contumacious conduct continues. View "Currier v. Currier" on Justia Law

Over a five-year period, Robert Michael Tafoya stalked and harassed E.R. in various ways. He frequently appeared at her workplace, left flowers on her car, followed her while shopping, made numerous Facebook posts claiming to be involved with her and the father of her children, and fraudulently applied for custody and visitation orders. Despite restraining orders, his behavior continued unabated, including attempts to pick up her children from school.Following a jury trial in the Superior Court of Riverside County, Tafoya was convicted of stalking, perjury, attempted child abduction, and filing false documents. He was sentenced to 25 years and eight months in prison. Tafoya appealed the convictions, arguing that his Facebook posts were protected by the First Amendment, there was insufficient evidence for the attempted child abduction conviction, and the perjury and false document convictions lacked false statements. He also appealed the restitution order, claiming the court used the wrong standard and lacked proper verification.The Court of Appeal of the State of California, Fourth Appellate District, Division Two, reviewed the case. The court held that Tafoya’s Facebook posts were not protected activity as they were part of a pattern of conduct that constituted a credible threat. The court found substantial evidence supporting the attempted child abduction conviction, noting that the visitation order was obtained by fraud and thus void. The court affirmed the convictions for stalking, attempted child abduction, and filing false documents. However, the court reversed the perjury conviction related to the restraining order (count 10) due to the lack of a false statement under penalty of perjury and remanded for resentencing. The restitution order was upheld, as the need for relocation expenses was justified by the record. View "People v. Tafoya" on Justia Law

A father opposed the petition of his child's foster parent for guardianship. The child, a member of his mother's tribe, had been in the foster parent's care for about two years. The Office of Children's Services (OCS) took custody of the child in 2019 due to domestic violence and drug abuse in the mother's home. The father, living in Arizona at the time, was contacted by OCS after the child was taken into custody. OCS attempted to place the child with the father, but an Arizona home study recommended against it. The child was placed with the foster parent, a relative and tribal member.The superior court granted the foster parent's guardianship petition after an evidentiary hearing, finding it in the child's best interests and that returning the child to the father would likely result in serious emotional damage. The father appealed, arguing that the guardianship was a de facto termination of parental rights and required additional findings and procedural steps.The Alaska Supreme Court remanded the case to the superior court to address whether OCS had made active efforts to prevent the breakup of the family, as required by the Indian Child Welfare Act (ICWA). On remand, the superior court made additional findings on the existing record and reaffirmed the guardianship order.The Alaska Supreme Court reviewed the case and concluded that the superior court did not clearly err or abuse its discretion. The court held that the superior court made the necessary findings under ICWA, including that OCS had made active efforts to prevent the breakup of the family and that guardianship was in the child's best interests. The court also clarified that guardianship proceedings do not require the termination of parental rights and can proceed independently of a Child in Need of Aid (CINA) proceeding. The order appointing the guardian was affirmed. View "In re Protective Proceedings of Macon J." on Justia Law

A husband and wife divorced after 19 years of marriage, with six children, including four adopted minors. The wife, a nurse practitioner, challenged the superior court's division of marital assets, particularly the valuation of the husband's law practice, which the court found lacked marketable goodwill. She also disputed the treatment of a $75,000 payout as a pre-distribution rather than interim support and the offsetting of adoption subsidies against the husband's child support obligation.The superior court, Third Judicial District, Anchorage, held a four-day custody trial and a five-day property trial. The court awarded 50/50 shared physical custody and divided the marital estate 60/40 in favor of the wife. The court valued the husband's law firm based on its net assets, excluding goodwill, and found the Wasilla office building was not a marital asset. The court also calculated the husband's child support obligation but reduced it to account for the adoption subsidies received by the wife.The Supreme Court of the State of Alaska reviewed the case. It affirmed the superior court's decision, holding that only marketable goodwill may be divided on divorce, and the evidence showed the law firm lacked such goodwill. The court found no error in the superior court's other decisions, including the pre-distribution in lieu of interim spousal support and the temporary adjustment of the child support obligation. The court also upheld the superior court's valuation of the law firm, the classification of the Wasilla office building, and the finding that the law firm had no excess cash. The Supreme Court concluded that the superior court did not abuse its discretion in declining to award interim spousal support, in its treatment of post-separation earnings, or in its decision not to award long-term spousal support, above-guidelines child support, or additional attorney's fees. The property division, including the award of the marital home to the husband, was found to be equitable. View "May v. Petersen" on Justia Law

The Texas Department of Family and Protective Services filed a petition in September 2022 for temporary orders requiring the parents to participate in state-provided services for their child's safety. The trial court granted these temporary orders. In August 2023, the Department filed a petition to terminate the parents' rights and obtain conservatorship of the child. The parents responded with motions for sanctions, claiming the Department's actions were frivolous. The Department then moved to nonsuit its claims. The trial court expressed frustration but granted the nonsuit and planned a separate hearing for the sanctions motions.The trial court signed an order on August 21, 2023, dismissing the Department's claims and removing the case from the docket. However, the court later consolidated the cases and held a hearing on the sanctions motions, ultimately granting them and ordering the Department to pay the parents' attorney's fees. The Department appealed the sanctions order. The Court of Appeals for the Fifth District of Texas vacated the sanctions order, deeming it void because the trial court's dismissal order was considered final, thus ending the court's plenary power before the sanctions order was issued.The Supreme Court of Texas reviewed the case and disagreed with the appellate court's conclusion. The Supreme Court held that the trial court's dismissal order was not a final judgment as it did not clearly and unequivocally dispose of all claims and parties. Therefore, the trial court retained its plenary power when it issued the sanctions order. The Supreme Court reversed the appellate court's judgment vacating the sanctions order, dismissed the appeal, and remanded the case to the trial court for further proceedings. View "In re C.K.M." on Justia Law

Elizabeth Corey Raber (Mother) and Michael Robert Raber (Father) married in 2019 in Texas and had one child. They moved to Coeur d’Alene, Idaho, in June 2020. Their relationship involved significant conflict, including a domestic dispute in June 2020 and a felony domestic battery charge against Father in December 2021, which was later dismissed. They separated, and Mother filed for divorce in January 2022, requesting joint legal and physical custody but primary physical custody and permission to relocate to Texas with the child. Father initially sought sole custody but later requested joint custody with equal time.The magistrate court ordered a Parenting Time Evaluation (PTE), which recommended joint legal custody with Mother having sole decision-making authority over schooling and routine medical care. The PTE also recommended that Mother have primary physical custody and be allowed to relocate to Houston. The magistrate court proposed two custody options: one where the child would stay in Idaho with a week-on/week-off schedule, and another where the child would fly between Idaho and Texas every two weeks. The court entered a judgment based on the second option after Mother relocated to Texas.The Supreme Court of Idaho reviewed the case and found that the magistrate court failed to consider all relevant factors, including the impact of the child traveling 2,000 miles every two weeks and the effect on the child’s education and stability. The court held that the magistrate court abused its discretion by not making a specific determination regarding the best interests of the child. The judgment was vacated, and the case was remanded for further proceedings to properly analyze the best interests of the child and consider all relevant factors. The court declined to award costs on appeal, as there was no prevailing party. View "Raber v. Raber" on Justia Law

Kenneth and Jill Swing were involved in a divorce action that included contested issues such as the pre-nuptial agreement, equitable division of property, child custody, visitation, support, and fees. The family court issued a final order on June 8, 2021. Jill filed a motion to alter or amend this order on June 16, 2021, which the family court partially granted on August 27, 2021, issuing an amended final order. Kenneth then filed his own motion to alter or amend on September 10, 2021.The family court denied Kenneth's motion on July 14, 2022, deeming it untimely as it did not address the amended final order but rather the original June 8 order. Jill received notice of this denial on July 21, 2022, and served her notice of appeal on August 22, 2022. Kenneth moved to dismiss Jill's appeal, arguing it was untimely because his own motion did not toll the appeal period. The court of appeals agreed with Kenneth and dismissed Jill's appeal, concluding that Kenneth's motion was untimely and did not stay the time for filing an appeal.The South Carolina Supreme Court reviewed the case and held that Kenneth's motion was timely as it was served within ten days of receiving notice of the amended final order. The Court clarified that a timely Rule 59(e) motion stays the time for appeal for all parties unless it falls into specific exceptions previously established in case law. The Court found that Kenneth's motion did not fit these exceptions and thus stayed the time for appeal. Consequently, the Supreme Court reversed the court of appeals' decision and remanded the case for consideration of Jill's appeal on its merits. View "Swing v. Swing" on Justia Law

In this case, the Los Angeles County Department of Children and Family Services (DCFS) became involved with a family after law enforcement discovered child pornography in the parents' home. Both parents admitted to possessing child pornography, and the mother admitted to posting inappropriate images of their daughter, M.V., online. M.V. was subsequently placed with her paternal grandparents, and the juvenile court sustained allegations of sexual exploitation against both parents, declaring M.V. a dependent child and removing her from her parents' custody. The parents received reunification services until November 2020, and in December 2021, the juvenile court terminated their parental rights. However, this order was vacated on appeal, and the case was remanded for a supplemental bonding study and a new permanency planning hearing.On remand, a new expert conducted a bonding study, and the permanency planning hearing took place in June 2024. The court reviewed extensive documentary evidence, including reports on M.V.'s well-being, her relationship with her parents and grandparents, and her expressed wishes to be adopted by her grandparents. The expert, Dr. Gonzalez, concluded that M.V. had a secure attachment to both parents and that terminating the parental relationship could be detrimental to her. However, the court found that the parents had not proven the beneficial parental relationship exception, noting that the expert's opinions were based more on general psychological principles than on the specific facts of the case.The California Court of Appeal, Second Appellate District, Division Eight, reviewed the case and affirmed the juvenile court's order terminating parental rights. The appellate court found that the juvenile court did not abuse its discretion in rejecting the expert's opinions and that the evidence did not compel a finding in favor of the parents. The court also addressed and dismissed allegations of judicial bias and due process violations raised by the parents. View "In re M.V." on Justia Law

In 2021, Sharon Ceynar initiated a divorce action against William Ceynar. Following a bench trial, the District Court of McKenzie County, Northwest Judicial District, granted the divorce and divided the marital estate. Sharon received $1,218,903.90 in net assets, while William received $681,827.35. The court ordered the sale of the couple's real estate and mineral interests at public auction, with 55% of the proceeds going to William and 45% to Sharon.William appealed, arguing that the district court erred in its division of the marital estate, particularly given his large inheritance. The North Dakota Supreme Court reviewed the case, noting that property distribution decisions are not reversed unless clearly erroneous. The court emphasized that the district court's findings are presumed correct and that it does not reweigh evidence or judge witness credibility on appeal.The Supreme Court found that the district court had properly considered the Ruff-Fischer guidelines, which include factors such as the duration of the marriage, the parties' ages, health, and financial circumstances. The district court had noted the long-term nature of the marriage and the need for both parties to have income-generating assets for retirement. Although William argued that his inheritance should result in a larger share of the marital estate, the court found that the district court had appropriately considered this factor and had not erred in its division.The Supreme Court also addressed William's contention that the district court erred in ordering the sale of the real property, noting that the court had the authority to do so to achieve an equitable distribution. The court affirmed the district court's judgment, concluding that the property division was equitable and not clearly erroneous. View "Ceynar v. Ceynar" on Justia Law