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Family Law

Appeal lost over failure to challenge basis for terminating rights (access required)

Because the father did not challenge the circuit court’s alternative basis for terminating his parental rights, meaning  those rights would remain terminated even if he prevailed on the issue he was appealing, the appellate court affirmed the lower court’s decision. ...

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Failure to get counseling forfeited father’s rights (access required)

The father’s failure to comply with the Department of Social Services requirements for counseling and the therapist’s recommendations supported the circuit court’s decision that he was not prepared to care for his child, who suffered from numerous medical conditions. Background ...

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No basis for award of ‘equitable restitution’ (access required)

Although the divorce statute allows a court to make an award of spousal support or equitable distribution, the court found there is no authority under statute to make an award of “equitable restitution,” and it vacated the $150,000 “equitable restitution” ...

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