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Wife Due Fees Under Agreement  (access required)

By Deborah Elkins
Published: May 1, 2012
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On wife’s appeal, the Court of Appeals reverses and remands for the trial court to determine attorneys’ fees due wife under the parties’ property settlement agreement (PSA) incorporated in their final divorce decree; husband’s confusion about tax refunds due wife do not excuse attorneys’ fees due her under the PSA; his request for an offset [...]

Order Final without Attorneys’ Fees  (access required)

By Deborah Elkins
Published: May 1, 2012
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The Court of Appeals grants mother’s motion to dismiss father’s appeal of an order upholding a $62,096 child support arrearage; the circuit court order upholding the jurisdiction of the juvenile and domestic relations district (JDR) court was final even though the circuit court sent a separate letter directing the parties to brief attorneys’ fees and [...]

Jocks in the Courts (access required)

By Paul Fletcher
Published: April 9, 2012
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Pro athletes make lots of money. Their lives are glamorous, if you read the tabloids. But superstars’ lives can be pretty messy, as messy as the lives of the mere mortals who are their fans. And sometimes those messes turn legal.
Look in this issue’s Verdicts & Settlements Reports and you’ll find a name usually associated [...]

Rights to Six Children Terminated (access required)

By Deborah Elkins
Published: April 6, 2012
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The Court of Appeals affirms the trial court’s termination of mother’s rights to six of her children based on the earlier termination of her rights to another child and clear and convincing evidence the children’s best interests will be served; the record shows mother repeatedly failed over a two-year period to follow through on treatment [...]

Attorney’s Fees for Wife’s Appeal (access required)

By Deborah Elkins
Published: April 6, 2012
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In wife’s appeal of a divorce decree finding her at fault for unjustified desertion, the Court of Appeals affirms the trial court’s findings that wife deeded her interest in three lots to husband and separate classification of over half of a stipulated $308,500 value increase in husband’s separate business; the trial court considered the statutory [...]

Rights Terminated After Lengthy Foster Care (access required)

By Deborah Elkins
Published: April 6, 2012
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The Court of Appeals summarily affirms the trial court’s termination of mother’s rights to two children who have been in foster care for four years; mother failed to substantially remedy the conditions requiring foster care after her boyfriend’s release from custody and the children were negatively affected and need stability.
The local department of social services [...]

Prompt Wedding Benefitted Wife (access required)

By Deborah Elkins
Published: April 6, 2012
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On wife’s appeal of the denial of spousal support and award of $70,527 in attorney’s fees to husband, the Court of Appeals affirms the trial court’s enforcement of the parties’ prenuptial agreement as voluntarily entered and not unconscionable and remands to the trial court to determine husband’s reasonable attorney’s fees at trial and on appeal.
Husband [...]

Same-Sex Status Not Deterrent to Foster Custody (access required)

By Deborah Elkins
Published: March 28, 2012
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Although petitioners, a committed lesbian couple, served as outstanding foster parents until recent events, the Wise County Circuit Court cannot disregard the recent founded complaint of abuse and two criminal charges arising from one petitioner’s corporal punishment of her partner’s eight-year-old son, and the court finds it’s in the best interests for the child to [...]

Parental Rights to Five Daughters Terminated (access required)

By Deborah Elkins
Published: March 28, 2012
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In proceedings to terminate parents’ rights to five daughters who have been in foster care for seven years, the Court of Appeals affirms the trial court’s findings that termination is justified by clear and convincing evidence of parental failure to meaningfully participate in individual therapy and of the best interests of the children, who all [...]

Husband Wins Remand on Prenup (access required)

By Deborah Elkins
Published: March 28, 2012
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On husband’s appeal of an equitable distribution award, a majority of the Court of Appeals affirms the trial court’s interpretation of the parties’ prenuptial agreement to classify jointly owned real estate as marital but reverses awarding wife any interest in that property or an investment account; husband’s other arguments are barred by procedural errors.
Husband and [...]

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