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Family Law
109 S. Ct. 998 (1989) | Cited 3254 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. Petitioner is a boy who was beaten and permanently injured by his father, with whom he lived. Respondents are social workers and other local officials who received complaints that petitioner was being abused by his father and had reason ...
27 Cal.App.4th 567 (1994) | Cited 2631 times
... WORK, J. Alan H. appeals after the court changed his dependent daughter Autumn H.'s permanent plan from long-term foster care to adoption and terminated Alan's parental rights under Welfare and Institutions Code 1 section 366.26. Alan contends the exception to termination of parental rights in ...
7 Cal.4th 295 (1994) | Cited 2508 times
... I. INTRODUCTION The Court of Appeal reversed the order of the juvenile court denying a motion for change of placement of a minor from foster care to her grandmother's care. The Court of Appeal concluded that the lower court's error in ruling on the motion for change of placement also required ...
101 S. Ct. 2153 (1981) | Cited 1650 times
... JUSTICE STEWART delivered the opinion of the Court. I In the late spring of 1975, after hearing evidence that the petitioner, Abby Gail Lassiter, had not provided her infant son William with proper medical care, the District Court of Durham County, N. C., adjudicated him a neglected child and ...
85 S. Ct. 1187 (1965) | Cited 1593 times
... MR. JUSTICE STEWART delivered the opinion of the Court.      The petitioner, R. Wright Armstrong, Jr., and his wife were divorced by a Texas court in 1959. Custody of their only child, Molly Page Armstrong, was awarded to Mrs. Armstrong, and the petitioner was granted "the privilege of visiting ...
6 S.W.3d 453 (1999) | Cited 1566 times
... FOR PUBLICATION HENRY CIRCUIT HON. JULIAN P. GUINN, JUDGE AFFIRMED AS MODIFIED OPINION Defendant/appellee Brenda Burns was tried and convicted of criminal responsibility for the commission of first-degree murder in the death of her ex-husband, Paul Burns. 1 The Court of Criminal Appeals ...
78 Cal.App.4th 1339 (2000) | Cited 1514 times
... CERTIFIED FOR PUBLICATION Here we consider an issue that often arises when a juvenile dependency proceeding reaches the stage at which a permanent plan must be selected for an adoptable child. If a parent has maintained a good relationship with the child through visitation, is that a reason to ...
13 Cal.4th 952 (1996) | Cited 1357 times
... MOSK, J. We granted review in this cause to address the question whether Anders v. California (1967) 386 U.S. 738 [18 L. Ed. 2d 493, 87 S. Ct. 1396] (hereafter sometimes Anders), which has been considered in decisions including People v. Wende (1979) 25 Cal. 3d 436 [158 Cal. Rptr. 839, 600 P.2d ...
101 Cal.App.4th 942 (2002) | Cited 1260 times
... CERTIFIED FOR PUBLICATION As Modified October 2, 2002. There is no change in the judgment. The petition for rehearing denied. L. L. appeals a judgment terminating her parental rights to her daughter, L. Y. L., under Welfare and Institutions Code section 366.26. 1 L. contends she established two ...
77 Cal.App.4th 799 (1999) | Cited 1229 times
... APPEAL from a judgment of the Superior Court of San Diego County, Gary Bubis, Referee. Affirmed. Gala G. (Mother) filed a petition pursuant to Welfare and Institutions Code section 388 1 (hereafter the section 388 petition), alleging changed circumstances and seeking to modify the order ...
8 Cal.4th 398 (1994) | Cited 1206 times
... MOSK, J.: Jasmon O. is now seven and a half years old. She has resided with her foster parents, who wish to adopt her, since she was an infant of six months. Her natural father asserts that it is in Jasmon's best interests not to terminate his parental rights but to transfer Jasmon's custody to ...
611 N.W.2d 489 (2000) | Cited 1189 times
... Considered en banc. The State seeks further review of a decision by the court of appeals reversing an order by the juvenile court terminating a mother's parental rights. We vacate the decision of the court of appeals, and affirm the decision of the juvenile court. I. Background Facts and ...
923 F.2d 979 (1991) | Cited 1152 times
... CARDAMONE, Circuit Judge We consider on this appeal whether administrative delay in scheduling a prisoner's abortion deprived the prisoner of her Fourteenth Amendment right to privacy. Grishelda Bryant sought an abortion while incarcerated in the Westchester Department of Corrections, Womens' ...
95 S. Ct. 553 (1975) | Cited 1128 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. Appellant Carol Sosna married Michael Sosna on September 5, 1964, in Michigan. They lived together in New York between October 1967 and August 1971, after which date they separated but continued to live in New York. In August 1972, ...
56 Cal.App.4th 519 (1997) | Cited 1078 times
... OPINION Harold LaFlamme, Craig E. Arthur and Karen Cianfrani, under appointment by the Court of Appeal, for Minors. Like many juvenile dependency cases, this is a hard one. Doris F. lost custody of her two youngest children when, while caring for a nearly adult son with AIDS, social workers found ...
86 S. Ct. 1045 (1966) | Cited 1071 times
... MR. JUSTICE FORTAS delivered the opinion of the Court. This case is here on certiorari to the United States Court of Appeals for the District of Columbia Circuit. The facts and the contentions of counsel raise a number      of disturbing questions concerning the administration by the police and ...
29 Cal.App.4th 1411 (1994) | Cited 1036 times
... ELIA, J.: Mario M. (father) and Christina C. (mother) appeal a judgment terminating their parental rights to their twin daughters, Beatrice and Lupe M. They argue on appeal that their case came within the exception in Welfare and Institutions Code 1 section 366.26, subdivision (c)(1)(A) and that ...
98 S. Ct. 1690 (1978) | Cited 1012 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. The issue before us is whether, in this action for child support, the California state courts may exercise in personam jurisdiction over a nonresident, nondomiciliary parent of minor children domiciled within the State. For reasons set forth ...
22 Cal.App.4th 1642 (1994) | Cited 1010 times
... SCOTLAND, J.: Appellants Veronica M. (mother) and Michael M. (father) appeal from orders of the juvenile court terminating their parental rights after the court found it is likely their children, Sarah M. and Charles M., will be adopted. (Welf. & Inst. Code, §§ 366.26, 395; further section ...
71 P.3d 787 (2003) | Cited 977 times
... In this case, three young children have been declared dependants of the juvenile court, and efforts to reunify them with their parents have failed. The time has come to establish and implement a permanent plan for them. At this stage of the proceedings, if an appropriate adoptive family is or ...
347 N.W.2d 47 (1984) | Cited 955 times
... 1. The trial court did not abuse its discretion in awarding a 25% interest in the non-marital property of one spouse to prevent unfair hardship to the other spouse pursuant to Minn. Stat. § 518.58 (1982). 2. The trial court did not abuse its discretion in determining the amount of child support or ...
97 Cal.App.4th 454 (2002) | Cited 933 times
... CERTIFIED FOR PUBLICATION Teia Z. (Mother) appeals from two orders of the juvenile court. One order, entered nunc pro tunc on May 30, 2001 (the nunc pro tunc order itself was made on July 31, 2001) denied her Welfare & Institutions Code section 388 petition, 1 and on August 8, 2001, the juvenile ...
54 Cal.App.4th 1330 (1997) | Cited 931 times
... DIBIASO, J. Deon C. appeals from the order terminating his parental rights (Welf. & Inst. Code, § 366.26) to his son, Lorenzo C. 1 We will affirm. We hold in part that a social service agency has no burden to acquire and introduce at the permanency planning hearing evidence specifically directed ...
505 U.S. 833 (1992) | Cited 925 times
... JUSTICE O'CONNOR, JUSTICE KENNEDY, and JUSTICE SOUTER announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, V-A, V-C, and VI, an opinion with respect to Part V-E, in which JUSTICE STEVENS joins, and an opinion with respect to Parts IV, V-B, and ...
73 Cal.App.4th 823 (1999) | Cited 892 times
... CERTIFIED FOR PUBLICATION David W. appeals from the judgment terminating parental rights to his son, Derek. (Welf. & Inst. Code, §366.26.) 1 He contends the trial court erred when it changed Derek's permanent plan from guardianship to adoption because David W. has maintained regular visitation ...
5 Ohio St.3d 217 (1983) | Cited 853 times
... >  SWEENEY, J. The leading case with respect to termination of sustenance alimony in Ohio, Wolfe v. Wolfe (1976), 46 Ohio St.2d 399 [75 O.O.2d 474], stated at page 414: "Any grant of `alimony' for sustenance is necessarily co-extensive with the court's determination that it is needed and ...
73 P.3d 541 (2003) | Cited 846 times
... In a juvenile dependency appeal from an order terminating parental rights, may the Court of Appeal receive and consider postjudgment evidence that was never before the juvenile court, and rely on such evidence outside the record on appeal to reverse the judgment? The general answer is no, although ...
99 S. Ct. 2371 (1979) | Cited 831 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. Title 2 of the Texas Family Code was enacted in 1973 and first went into effect on January 1, 1974. It was amended substantially in the following year. The Title defines the contours of the parent-child relationship and the permissible ...
813 F.2d 744 (1987) | Cited 821 times
... GARWOOD, Circuit Judge: This is an appeal from the district court's disposition of Reginald Brinkmann's 42 U.S.C. § 1983 claims against Dallas County, four of its deputy sheriffs, and Sue O'Hara, a counselor in the Family Court Services Department. The district court granted O'Hara's motion for ...
623 F.2d 1282 (1980) | Cited 798 times
... Favis Clay Martin appeals the dismissal of his pro se civil rights suit filed pursuant to 42 U.S.C. § 1983. 1 We affirm. According to the complaint, 2 Martin was arrested in Potter County, Texas on February 21, 1970, for the murder of his former wife, June Etta Martin. The same day, Mary Beth ...
90 P.3d 746 (2004) | Cited 726 times
... At a permanent plan hearing in a juvenile dependency matter (Welf. & Inst. Code, § 366.26), 1 the court appointed legal guardians for the minor, S.B. and, without objection from the mother, ordered that visitation between the two be determined by the legal guardians. We address two issues: (1) ...
439 F.3d 1001 (2006) | Cited 722 times
... FOR PUBLICATION Submitted November 14, 2005 1 -- Portland, Oregon Before: Warren J. Ferguson, Andrew J. Kleinfeld, and Susan P. Graber, Circuit Judges. Opinion by Judge Graber; Dissent by Judge Ferguson OPINION Plaintiff Ja'Vonce Warre appeals from the district court's affirmance of a ...
495 F.3d 614 (2007) | Cited 673 times
... Submitted: April 13, 2007 Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges. Lisa Cox appeals the district court's 1 order upholding the Social Security Commissioner's denial of her application for disability insurance benefits. Cox argues that as a result of procedural errors and ambiguous ...
52 Cal.App.4th 183 (1996) | Cited 661 times
... CROSKEY, J. In this dependency case, Harold A. (Father), challenges the sufficiency of the evidence to support the jurisdiction and Disposition orders made regarding his minor twin daughters, Helen A. (Helen) and Heather A. (Heather). He also asserts the court failed to put certain findings in the ...
83 Cal.App.4th 460 (2000) | Cited 655 times
... As modified September 19, 2000. There is no change in the judgment. Respondent's petition for rehearing is denied. CERTIFIED FOR PUBLICATION APPEAL from a judgment of the Superior Court of Kings County. George L. Orndoff, Judge. OPINION Picayune Rancheria of the Chukchansi Indians (the Tribe) ...
44 Cal.App.4th 1352 (1996) | Cited 652 times
... ALDRICH, J. INTRODUCTION Father Ronald A. and mother Louise H. appeal from the juvenile court's rulings terminating their parental rights over minors Ronell A. and Cordero A. and ordering adoption as a permanent plan. Father contends the court erroneously (1) failed to appoint a guardian for him ...
409 S.E.2d 460 (1991) | Cited 642 times
... Lottie M. Logan appeals the July 18, 1990 order of the Family Court of Fairfax County terminating her residual parental rights with respect to her son, Michael Logan, pursuant to Code § 16.1-283. 1 In addition to finding sufficient evidence to terminate Ms. Logan's residual parental rights, the ...
98 S. Ct. 549 (1978) | Cited 636 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. The issue in this case is the constitutionality of Georgia's adoption laws as applied to deny an unwed father authority to prevent adoption of his illegitimate child. The child was born in December 1964 and has been in the custody and ...
98 S. Ct. 673 (1978) | Cited 621 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. At issue in this case is the constitutionality of a Wisconsin statute, Wis. Stat. §§ 245.10 (1), (4), (5) (1973), which provides that members of a certain class of Wisconsin residents may not marry, within the State or elsewhere, without ...
46 Cal.App.4th 1635 (1996) | Cited 612 times
... BAMATTRE-MANOUKIAN, J. An indigent parent in a dependency proceeding has a right to appointed counsel where out-of-home placement of the child is an issue. (Welf. & Inst. Code, § 317.) 1 Effective January 1, 1995, section 317.5 has been added to the code. It provides that parties who are ...
839 N.E.2d 143 (2005) | Cited 608 times
... Case Summary The trial court terminated Robert Bester's parental rights on the ground that the parent-child relationship posed a threat to the well being of the child. The Court of Appeals affirmed. Concluding that the evidence does not clearly and convincingly demonstrate that Bester's parental ...
427 N.W.2d 203 (1988) | Cited 593 times
... 1. The trial court's conclusion that the older child of the parties properly belonged with her father was adequately supported by findings of fact and references to the record. The court of appeals exceeded its scope of review when it reversed the award. 2. The trial court erred in modifying ...
507 F.3d 981 (2007) | Cited 581 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 Argued: October 25, 2007 Before: KEITH and CLAY, Circuit Judges; STEEH, District Judge. 1 OPINION Petitioner Ivan Nicholas Robert appeals a decision in favor of his estranged wife, Respondent Gayle M. Tesson, denying ...
60 S.W.3d 721 (2001) | Cited 569 times
... The sole question in this appeal is whether an obligor's retirement constitutes a substantial and material change in circumstances so as to permit modification of a spousal support obligation. The trial court held that the obligor's retirement did constitute a substantial and material change in ...
103 S. Ct. 2985 (1983) | Cited 565 times
... JUSTICE STEVENS delivered the opinion of the Court. The question presented is whether New York has sufficiently protected an unmarried father's inchoate relationship with a child whom he has never supported and rarely seen in      the two years since her birth. The appellant, Jonathan Lehr, ...
36 Cal.App.4th 758 (1995) | Cited 563 times
... THE COURT: 1 Petitioner Angela S. is the mother of two dependent children of the juvenile court, Octavio S. and Melissa S. Pursuant to California Rules of Court, rule 39.1B, petitioner filed a petition for extraordinary relief seeking review of the trial court's order setting a permanency ...
378 F.3d 959 (2004) | Cited 561 times
... FOR PUBLICATION Argued and Submitted May 7, 2004-Honolulu, Hawaii OPINION Chun He Li, a native of the Peoples Republic of China, petitions for review of the Board of Immigration Appeals' final order affirming an Immigration Judge's decision to deny his request for asylum and withholding of ...
108 S. Ct. 1423 (1988) | Cited 557 times
... JUSTICE WHITE delivered the opinion of the Court. A parent failed to comply with a valid court order to make child support payments, and defended against subsequent contempt charges by claiming that he was financially unable      to make the required payments. The trial court ruled that under ...
104 Cal.App.4th 395 (2002) | Cited 554 times
... As modified January 15, 2003; no change in judgment. Appellant’s petition for rehearing denied. CERTIFIED FOR PUBLICATION Erik P. was detained in the hospital shortly after birth. His parents, who had previously lost custody of their other children, have never had custody of Erik. After the ...
591 F.3d 666 (2010) | Cited 554 times
... PRECEDENTIAL Submitted Pursuant to Third Circuit LAR 34.1 on December 3, 2009 Before: RENDELL HARDIMAN and ALDISERT, Circuit Judges OPINION OF THE COURT Pro se appellant Emmanuel Lazaridis filed a complaint in the United States District Court for the District of Delaware raising various ...
96 S.W.3d 256 (2002) | Cited 550 times
... Argued on September 4, 2002 Justice Owen delivered the opinion of the Court in which Chief Justice Phillips, Justice Hecht, Justice Jefferson, and Justice Smith joined. Justice O'Neill concurred in the judgment only. Justice Hankinson filed a dissenting opinion, in which Justice Enoch joined. ...
604 N.W.2d 660 (2000) | Cited 546 times
... The father and mother appealed an order of the district court terminating their parental rights regarding two of their five children. The court of appeals reversed, concluding that the State had failed to prove by clear and convincing evidence that the children could not be safely returned to their ...
127 S.Ct. 1173 (2007) | Cited 543 times
... 549 U. S. ____ (2007) This case presents the question whether, under the rules set out in Teague v. Lane, 489 U. S. 288 (1989), our decision in Crawford v. Washington, 541 U. S. 36 (2004), is retroactive to cases already final on direct review. We hold that it is not. I. A. Respondent Marvin ...
71 Cal.App.4th 1530 (1999) | Cited 541 times
... Ordered published 5/12/99 (order attached) APPEAL from an order of the Superior Court of Los Angeles County, Brian Petraborg, Court Commissioner. Affirmed. In this appeal, the Department of Children and Family Services (DCFS) challenges the juvenile court order selecting guardianship as the ...
111 S. Ct. 1759 (1991) | Cited 541 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. These cases concern a facial challenge to Department of Health and Human Services (HHS) regulations which limit the ability of Title X fund recipients to engage in abortionrelated activities. The United States Court of Appeals for the ...
24 Cal.App.4th 596 (1994) | Cited 521 times
... Andrea L. appeals from the order of the juvenile court freeing her child, Baby Boy L., for adoption. The child, who was born on August 7, 1989, was adjudicated a dependent child of the juvenile court under Welfare and Institutions Code section 300, subdivisions (b) and (g) on September 11, 1989. 1 ...
99 S. Ct. 2493 (1979) | Cited 520 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. The question presented in this appeal is what process is constitutionally due a minor child whose parents or guardian seek state administered institutional mental health care for the child and specifically whether an adversary proceeding ...
26 Cal.4th 735 (2001) | Cited 509 times
... This case calls upon us to construe Welfare and Institutions Code section 361.5, 1 which governs orders for reunification services in child dependency proceedings. Pursuant to subdivision (a) of that statute, whenever a child is removed from a parent's or guardian's custody, with certain ...
56 Cal.App.4th 1143 (1997) | Cited 502 times
... By appeal and by petition for writ of habeas corpus, Noeline P. ("the mother") challenges the order terminating her parental rights (Welf. & Inst. Code, § 366.26) to her daughter, Meranda P. 1 On her appeal and in her petition, the mother contends the termination order was wrongly entered because ...
42 S.W.3d 82 (2001) | Cited 500 times
... We granted review of this child visitation case to determine whether the trial court abused its discretion in ordering unrestricted overnight visitation with the mother. The Court of Appeals held that the trial court had abused its discretion and imposed restrictions prohibiting the presence of the ...
95 S. Ct. 1225 (1975) | Cited 498 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. Social Security Act benefits based on the earnings of a deceased husband and father covered by the Act are payable, with some limitations, both to the widow and to the couple's minor children in her care. § 202 (g) of the Social Security Act, ...
132 Cal.App.4th 212 (2005) | Cited 497 times
... CERTIFIED FOR PUBLICATION Christina N. appeals a judgment terminating her parental rights to her minor son Dakota H. under Welfare and Institutions Code section 366.26. 1 Christina contends her due process rights to maintain her parental status were violated by the lack of a current judicial ...
52 Cal.App.4th 318 (1997) | Cited 496 times
... WALLIN, J. Peggy M. appeals from the judgment terminating her parental rights to her daughter, Elizabeth, claiming the juvenile court should have found their relationship beneficial to Elizabeth such that termination would be detrimental to her. Peggy also appeals the denial of her motion under ...
804 N.E.2d 258 (2004) | Cited 491 times
... FOR PUBLICATION Anna Peterson ("Mother") appeals the trial court's termination of her parental rights to her minor son, D.D. Mother raises five issues, which we consolidate and restate as whether the trial court's order terminating Mother's parental rights to D.D. is clearly erroneous. We affirm. ...
510 F.3d 631 (2007) | Cited 475 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 Argued: October 23, 2007 Before: BOGGS, Chief Judge; McKEAGUE, Circuit Judge; COHN, District Judge. 1 OPINION This case arises from the temporary removal of plaintiff-appellant Ronald Eidson's minor daughters by Tennessee ...
90 Cal.App.4th 731 (2001) | Cited 470 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 Affirmed in part and reversed in part. Tyrone J. and Corinna C., the parents of Marinna (the minor), appeal from orders of the juvenile court directing that the Yolo County Department of Social Services (DSS) make efforts to locate an appropriate adoptive ...
387 S.E.2d 794 (1990) | Cited 465 times
... OPINION BY JUDGE SAM W. COLEMAN III Curtis Farley appeals the decision of the trial court transferring jurisdiction over matters of child custody and visitation to the Family Court for the Ninth Judicial Circuit, Charleston, South Carolina. Appellant asserts that the reason enunciated by the trial ...
544 N.W.2d 274 (1995) | Cited 462 times
... Jeffrey is the putative father of K.A.O., born May 22, 1989, and H.G.O., born April 1, 1991. He lived with their mother, Kandis, and their half-sister, R.R.K., beginning in 1986 or 1987. 1 Jeffrey did not wish to be listed as the father of K.A.O. and H.G.O. because he did not want to pay child ...
91 Cal.App.4th 274 (2001) | Cited 460 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 Euel Branch (appellant) was convicted by a jury of two sexual offenses: (1) committing a lewd and lascivious act upon a child under the age of 14 and (2) using a foreign object to penetrate the genital opening of a child under the age of 14, who was more than ...
190 P.3d 573 (2008) | Cited 460 times
... (this opn. follows companion case, S154018, also filed 8/21/08) In 1987, Richard Shaputis (petitioner) was convicted of the second degree murder of his wife, Erma, and was sentenced to an indeterminate term ofimprisonment of 15 years to life in prison, and an additional two years because of his ...
866 F.2d 1121 (1989) | Cited 457 times
... NELSON, Circuit Judge: Larry Woodrum was awarded physical custody of his two children, Trina and Larry John, on November 17, 1983 in San Diego Superior Court. This action arises from a series of child abuse reports made by Jayne Rosson, mother of the children, and subsequent investigations ...
69 Cal.App.4th 41 (1999) | Cited 456 times
... CERTIFIED FOR PUBLICATION OPINION Appeal from an order of the Superior Court of Orange County, Robert Hutson, Judge. Affirmed in part and reversed in part with directions. Lorraine K. appeals from the order on the six-month review hearing. She claims she was denied reasonable reunification ...
980 F.2d 1261 (1992) | Cited 450 times
... D.W. NELSON, Circuit Judge: OVERVIEW Appellant Susan Cripps ("Susan") and appellee Cynthia Cripps ("Cynthia") both lay claim to the life insurance proceeds from the death of John Cripps ("John"), to whom both were married at different times. Appellee Life Insurance Company of North America ...
512 A.2d 438 (1986) | Cited 449 times
... This appeal concerns the standard for termination of parental rights under N.J.S.A. 30:4C-15 and -20. We hold that the trial court incorrectly emphasized the economic and social disadvantages of respondent-parents as factors that excused or outweighed in significance the essentially uncontradicted ...
318 N.W.2d 36 (1982) | Cited 446 times
... The trial court did not err in the type and amount of spousal maintenance awarded. AMDAHL, Chief Justice. Appeal by Rose Helen Erlandson from an order for judgment and judgment and decree entered April 30, 1980 in which the marital status of Rose and Marlin Erlandson was dissolved pursuant to the ...
113 Cal.App.4th 166 (2003) | Cited 441 times
... OPINION ON REHEARING CERTIFIED FOR PUBLICATION In this consolidated matter, Karl C. and Roberta C. appeal the order declaring their daughter, Karla C., a dependent of the juvenile court under Welfare and Institutions Code 1 section 300, subdivision (b), and removing her from parental custody. ...
161 N.J. 337 (1999) | Cited 438 times
... The brief life story of this child, K.H.O., brings into sharp focus those circumstances that will impel the courts to terminate parental rights as a basis for a child's adoption. Determining when such termination is appropriate requires consideration of the statutory standard based on the best ...
374 N.W.2d 705 (1985) | Cited 437 times
... 1. Appellate review of custody determinations is limited to whether the trial court abused its discretion by making findings unsupported by the evidence or by improperly applying the law. 2. The findings which the trial court made were supported by the evidence but there were insufficient findings ...
149 F.3d 923 (1998) | Cited 436 times
... FOR PUBLICATION D.C. No. CV-84-00955-WDB Argued and Submitted March 9, 1998 Reno, Nevada Opinion by Judge D.W. Nelson SUMMARY Arizona state prisoner Ignacio Alberto Ortiz appeals the district court's denial of summary judgment on his petition for a writ of habeas corpus under 28 U.S.C. S ...
847 F.2d 301 (1988) | Cited 426 times
... Per Curiam. Plaintiff-appellant John T. Willbanks appeals the district court's summary judgment affirming the Secretary's denial of social security disability benefits. Upon consideration, we find that the Secretary's findings were not supported by substantial evidence. Therefore, we reverse and ...
394 S.E.2d 492 (1990) | Cited 417 times
... On March 8, 1989, the Circuit Court of Halifax County entered an order terminating the parental rights of Danny Lee Kaywood, Sr. On appeal, he questions only whether the Department of Social Services [Department] sustained its burden of proof as required by Code § 16.1-283(B)(2). No issue is raised ...
79 F.3d 955 (1996) | Cited 415 times
... WALLACE, Circuit Judge: Saideh Fisher and her son Kian Hosseini Lavasani are natives and citizens of Iran. On her behalf, as well as for her son, Fisher petitions for review of the Board of Immigration Appeals' (Board) decision denying her application for asylum and withholding of deportation. The ...
92 S. Ct. 1400 (1972) | Cited 415 times
... MR. JUSTICE POWELL delivered the opinion of the Court. The question before us, on writ of certiorari to the Supreme Court of Louisiana, 1 concerns the right of dependent unacknowledged, illegitimate children to recover under Louisiana workmen's compensation laws benefits for the death of their ...
108 S. Ct. 513 (1988) | Cited 413 times
... JUSTICE MARSHALL delivered the opinion of the Court. We granted certiorari in this case to determine whether the Parental Kidnaping Prevention Act of 1980, 28 U. S. C. § 1738A, furnishes an implied cause of action in federal court to determine which of two conflicting state custody decisions is ...
43 Cal.App.4th 584 (1996) | Cited 408 times
... DIBIASO, J. Edward H., Sr., and Victoria H. appeal from the denial of their petitions to modify (Welf. & Inst. Code, § 388) prior juvenile dependency orders pertaining to their sons, Edward and Thomas, as well as the juvenile court's selection of adoption as the appropriate permanent plan for the ...
99 Cal.App.4th 616 (2002) | Cited 407 times
... As modified July 16, 2002; no change in judgment. Appellant's petition for rehearing denied July 16, 2002. CERTIFIED FOR PUBLICATION Cristian L. appeals from an order terminating his parental rights and finding his son Brian P. likely to be adopted. Cristian contends the order is not supported ...
85 Cal.App.4th 494 (2000) | Cited 405 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 * APPEAL from a judgment of the Superior Court of Sacramento County. Natalie Lindsey, Juvenile Court Referee. Affirmed. Sandra S. (appellant), the mother of Dakota S. (the minor), appeals from orders of the juvenile court modifying the minor's placement and ...
384 N.W.2d 859 (1986) | Cited 401 times
... 1. The child support guidelines of Minn. Stat. § 518.551, subd. 5 (1984), apply in all child support cases, including modification proceedings; the trial court shall make express findings with respect to the factors considered in arriving at the original award or modification amount. 2. In child ...
20 Cal.4th 225 (1999) | Cited 398 times
... We granted review in this case to decide whether Penal Code 1 section 208, subdivision (b) (section 208(b)), which prescribes a higher sentence for kidnapping a person under the age of 14, is a separate crime or a punishment provision, and what the standard of asportation is for that statute. The ...
40 Va.App. 255 (2003) | Cited 393 times
... Argued at Richmond, Virginia In this divorce case, John Rhodes Congdon claims the trial court erred by awarding his wife spousal support despite her admitted adultery during the marriage. The trial judge, the husband argues, misapplied the manifest injustice exception to Code § 20-107.1(B)'s ...
68 Cal.App.4th 322 (1998) | Cited 392 times
... CERTIFIED FOR PUBLICATION Susan J., the mother of the minor Shelley J., appeals from the jurisdictional and Dispositional order of the juvenile court adjudging the minor a dependent child pursuant to Welfare and Institutions Code section 300, subdivisions (c) and (j), and ordering family ...
87 Cal.App.4th 246 (2001) | Cited 389 times
... As amended February 26, 2001. The opinion heretofore filed in the above entitled matter, on January 26, 2001, Not for Publication, is hereby deemed suitable for publication. APPEAL from an order of the Superior Court of Los Angeles County, Stanley Genser, Temporary Judge. (Pursuant to Cal. Const., ...
13 Cal.4th 25 (1996) | Cited 389 times
... MOSK, J. This matter requires us to determine whether a parent seeking to relocate after dissolution of marriage is required to establish that the move is "necessary" before he or she can be awarded physical custody of minor children. In this case, a parent with temporary physical custody of two ...
223 N.W.2d 165 (1974) | Cited 387 times
... Both parties appeal provisions of a trial court decree in a dissolution proceeding. Respondent Earl George Winter appeals the child custody provisions, and petitioner Joan Irene Winter appeals the financial provisions. We affirm the decree on Earl's appeal and modify it on Joan's cross-appeal. Two ...
66 Cal.App.4th 965 (1998) | Cited 385 times
... Ordered published 9/17/98 (order attached) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS ORIGINAL PROCEEDING; petition for writ of mandate. Emily A. Stevens, Judge. Petition denied. De Witt W. Clinton, County Counsel, Jill Regal, Kristine Miles, Auxiliary Legal Services, Inc. for Real Party in ...
13 Cal.4th 196 (1996) | Cited 379 times
... LUCAS, C. J. May a juvenile court, when terminating its dependency jurisdiction, issue an order conditioning visitation on a parent's participation in a counseling program? If so, is the juvenile court bound by the requirements of Family Code section 3190, which governs counseling orders issued by ...
519 N.W.2d 398 (1994) | Cited 379 times
... I. Introduction This appeal involves the question of whether appellant K.S.'s parental rights should be terminated with respect to his children M.S. and T.S. The district court found K.S. abandoned his two children and ordered his parental rights terminated pursuant to Iowa Code section ...
312 N.C. 770 (1985) | Cited 376 times
... This case presents fundamental questions arising under the Equitable Distribution Act concerning the proper distribution of marital property when a couple is divorced. The litigants in this action were married on September 8, 1951. In July 1980, the plaintiff husband abandoned the home of the ...
8 S.W.3d 593 (1999) | Cited 375 times
... FOR PUBLICATION MADISON COUNTY HON. WHIT LAFON, JUDGE AFFIRMED OPINION The defendant, Jon Douglas Hall, was indicted for first degree premeditated murder in the strangulation and drowning death of his wife, Billie Jo Hall. The State filed notice of its intent to seek the death penalty. Pursuant ...
92 Cal.App.4th 269 (2001) | Cited 374 times
... As modified October 12, 2001. The petitions for rehearing filed by respondent and appellant are denied. There is no change in the judgment. CERTIFIED FOR PUBLICATION This is a marital dissolution action. At issue on appeal are child support, spousal support, and attorneys' fees. Because the trial ...