Skip navigation

Search

82 results
Page 3 of 5. « Previous | 1 2 3 4 5 | Next »

Article • May 15, 2007
Washington Juvenile Dependency Records Not Subject To Disclosure Under PDA by The Washington Department of Social and Health Services (DSHS) filed a dependency action in state court regarding Shanon Deer's children The DSHS refused Deer's request for certain dependency records, so Deer filed an action to compel their disclosure under …
Article • May 15, 2007
No Due Process Violation For Termination Of Incarcerated Father's Parental Rights by No Due Process Violation For Termination Of Incarcerated Father's Parental Rights The Tennessee Court of Appeals upheld the termination of a Federal prisoner's Parental rights as not violating due process. The father's rights were terminated by the trial …
Article • May 15, 2007
WI Mother's Incarceration Not Enough to Terminate Her Parental Rights by Jodie W., a Wisconsin state prisoner, was incarcerated in July of 2002 for drunk driving. Her earliest possible release date was in March of 2006. She left her two-year-old son Max with her mother who soon contacted social services …
Article • May 15, 2007
Prisoner's Denial of Court Access for Divorce Defined, Confuses Court by In this case, where en banc rehearing was denied, the three-judge panel produces four separate opinions--a per curiam opinion, two concurrences with contradictory rationales, and one dissent. The plaintiff alleged that he tried to file a divorce petition pro …
Article • May 15, 2007
Filed under: Family, Family Law
Removal of Children From Domestic Violence Victims Enjoined by The court handily summarizes the various abstention doctrines plus Rooker-Feldman. Younger abstention doesn't apply to an injunctive challenge to the removal of children from mothers' custody as a result of the mothers' victimization by domestic violence. At 231: "While in the …
Lack of Counsel for NJ Child Support Contempt Cases Upheld by Persons held in civil contempt for failing to comply with child support orders challenged the lack of a right to counsel (appointed for indigent defendants) in such proceedings. The district court properly abstained under Younger v. Harris. The plaintiffs …
Article • May 15, 2007
Filed under: Family, Family Law
Idaho: Imprisonment Warrants Suspension of Child Support Payments by The Court of Appeals of Idaho held that a prisoner's motion to modify child support should have been heard even though he was in contempt, and that he was not responsible for payments while he was imprisoned. Randy Nab, an Idaho …
Article • May 15, 2007
Filed under: Family, Family Law
NJ Prisoner's Child Support Suspension Motion Inactive Until Release by The Superior Court of New Jersey reversed a trial court's order refusing to suspend a prisoner obligor's weekly $110 child support until his release and requiring arrears to accumulate. The Superior Court held any action on the obligor's motion should …
Article • May 15, 2007
Incarceration Term alone Insufficient to Terminate Florida Prisoner's Parental Rights by Incarceration Term alone Insufficient to Terminate Florida Prisoner's Parental Rights The Florida Supreme Court has held that a trial court, when assessing a petition to terminate a prisoner's parental rights, must apply a forward-looking view when determining if the …
Article • May 15, 2007
NE Prisoner May Intervene in Child's Name Change Proceeding by The Nebraska Supreme Court held that a Nebraska state prisoner whose parental rights were not terminated may intervene in his biological child's proceeding seeking to change the child's surname. The father was paying child support, wrote his son, talked to …
Article • May 15, 2007
Filed under: Family, Family Law
Policy of Separating Domestic Violence Victims from Kids Enjoined by The court sets out the terms of a preliminary injunction prohibiting the Administration for Children's Services from separating mothers who were not otherwise unfit from children on the ground that as victims of domestic violence they had "engaged in" violence. …
Jail Staff Not Liable for Violating No Contact Order by The female plaintiff had a court order barring Smith, the father of her child, who was in the Marathon, Wisconsin, jail for trying to have her murdered, from having any contact with her. She was then brought to the jail …
Article • May 15, 2007
California Prisoner Has Right to Court Access, Child Custody and Visitation by A California appeals court reversed a superior court's order that denied a California state prisoner custody of his children and visitation with them, and which was done without allowing him to appear for hearings on the matter. The …
Article • May 15, 2007
Court Appearance Governed by Fundamental Fairness by A Michigan prisoner appealed the trial court's denial of his petition for writ of habeas corpus ad testificandum and his motion for leave to testify by deposition which effectively foreclosed him from obtaining a divorce. In Michigan, a judgment of divorce may not …
Article • May 15, 2007
Incarceration Alone Does not Provide Basis for Adoption by The Oregon Court of Appeals held that a parent's incarceration, by itself, does not provide a sufficient basis to adopt his or her child without consent. In 1998, Daniel M. Moran was incarcerated for being a felon in possession of a …
Article • May 15, 2007
Incarceration Alone Does not Provide Basis to Terminate Parental Rights by The Utah Court of Appeals held that a parent's incarceration alone is insufficient to terminate his or her parental rights. T.B. was incarcerated for most of his daughter D.B.'s life. As a result, D.B. was placed with a foster …
Article • May 15, 2007
Filed under: Family, Family Law
Nevada: Imprisonment Is Affirmative Defense To Felony Nonsupport by The Supreme Court of Nevada held that a father's imprisonment was an affirmative defense for nonpayment of child support but that a jury was justified in rejecting it. Paul Sanders was charged with failure to pay child support for a 33 …
Article • May 15, 2007
State Seizes Child Of Sex Offender Father/Drug Abuser Mother by The United States District Court for the Middle District of Pennsylvania dismissed a Federal civil rights complaint filed by Melissa Wolfhawk against Schuylkill County Children and Youth Services for seizure of her newborn child. Wolfhawk claimed that the agency violated …
Article • March 15, 2006 • from PLN March, 2006
Texas Prisoners Again Have Limited Right to Appear in Civil Cases by by Matthew T. Clarke In a well-reasoned opinion with copious citations, a Texas court of appeals held that Texas prisoners have a limited right to appear in civil cases even if they cannot justify a personal appearance. C.J., …
Article • January 15, 2005 • from PLN January, 2005
Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances by Texas Supreme Court Clarifies Procedures For Civil Court Prisoner Appearances by Matthew T. Clarke The Supreme Court of Texas recently clarified the procedures a prisoner must follow to secure the right to personally appear in a civil court proceeding. …
Page 3 of 5. « Previous | 1 2 3 4 5 | Next »