Where husband’s years-long affair resulted in two children outside of marriage, and wife thereafter became their primary caregiver after husband gained custody, it was in their stepchildren’s best interests to award her custody rights following their divorce.
Read More »Michigan court remands order to terminate parental rights
Where a respondent’s parental rights were terminated, a remand must be ordered because the respondent was not served in accordance with the requirements of MCL 712A.12.
Read More »Spouses may seek stalking orders in magistrate courts
The South Carolina Court of Appeals held that magistrate courts retain jurisdiction over stalking and harassment restraining order requests between spouses, even when a divorce action is pending in family court.
Read More »Michigan court uphold parental rights termination
Where a respondent whose parental rights were terminated has challenged the court’s finding that it was in the child’s best interests to terminate the respondent’s parental rights, the termination order should be upheld because the trial court did not fail to explicitly consider the child’s relative placement.
Read More »Michigan court reverses probate court conservatorship order
Where a petitioner has challenged probate court orders appointing appellee as conservator for the petitioner’s minor children under MCL 700.5106 and MCL 700.5409, the probate court erroneously relied on a confidential report submitted by a guardian ad litem without first allowing him the opportunity to review it, in violation of MCR 5.121(D)(2)(a).
Read More »MA retirement board distribution order upheld
Where the State Board of Retirement distributed a refund of a decedent’s retirement contributions in accordance with the paperwork appearing in the board’s records naming her two children as beneficiaries, the board’s decision should be affirmed despite the fact that the decedent executed a will prior to her death leaving her entire estate to only one of her children.
Read More »NY appeals court reverses child custody decision, remits case to Family Court
A New York appeals court has sent a case back to the lower court for a hearing on possible changes to a child visitation order.
Read More »Remand ordered in case where parental rights were terminated
Where a respondent whose parental rights were terminated has argued on appeal that her due process rights were violated when the trial court held her termination of parental rights proceeding in her absence, a remand must be ordered because the record is insufficiently developed as to why the respondent was absent.
Read More »MA court limits jurisdiction over foster care challenge
BOSTON, MA — A plaintiff whose three grandchildren were placed elsewhere could seek declaratory relief but not injunctive relief in Superior Court, the Supreme Judicial Court has decided. After initially placing the plaintiff’s three grandchildren into her foster care, the ...
Read More »NY appeals court affirms custody issue, but reverses $18,000 sanction
A New York appeals court has reversed a Monroe County Family Court judge’s decision in a child custody case to find the mother in contempt, fine her $250 and impose an $18,000 sanction.
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Maryland Family Law Maryland family law opinions and commentary
