• Mitchell v. Thayer

    Publication Date: 2024-02-12
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Griffiths
    Attorneys: For plaintiff: Regina S.E. Murphy, Amy E. Tryon, Barnes & Thornburg LLP, Wilmington, DE for appellant.
    for defendant: Dana L. Reynolds, Law Offices of Dana Reynolds, LLC, Wilmington, DE for appellees.

    Case Number: 174, 2023

    Trial court erred in involuntarily terminating parental rights where there was insufficient evidence of parent's continuous intention to abandon custody over child, especially where parent expressed desire to reunite and remedied the conditions that led to child's guardianship.

  • Ralston v. Div. of Serv. for Children, Youth & Their Families

    Publication Date: 2023-11-06
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: George R. Tsakataras, The Law Office of George R. Tsakataras, P.A., Wilmington, DE for appellant.
    for defendant: Michelle R. Skoranski, State of Delaware Department of Justice, Wilmington, DE for appellee.

    Case Number: 449, 2022

    Trial court did not violate parent's due process rights by failing to consider relative's guardianship petition prior to terminating parental rights where the permanency goal had already changed to adoption.

  • Killen v. Alben

    Publication Date: 2023-09-18
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Curtis P. Bounds, Kara M. Swasey, Megan McGovern, Bayard, P.A., Wilmington, DE for appellant.
    for defendant: Jennifer A. Hartnett, Hartnett & Hartnett, Hockessin, Delaware for appellee.

    Case Number: 22-04577

    Trial court erred in sua sponte ordering husband to maintain a life insurance policy where the trial court lacked evidence regarding the policy, including when it was purchased, whether husband owned/controlled it, and the beneficiaries of the policy.

  • Moore v. Moore

    Publication Date: 2023-02-28
    Practice Area: Family Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jerome Moore, New Castle, DE, plaintiff pro se.
    for defendant: Lisa Moore, Bear, DE, defendant pro se.

    Case Number: 22-747-CFC

    Claim against co-parent alleging their fraudulent receipt of Social Security disability benefits meant for their child did not confer federal question jurisdiction.

  • In Re Ex Parte Application of Sevier

    Publication Date: 2022-09-20
    Practice Area: Family Law
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-mc-80-RGA-SRF

    Court compelled compliance with subpoena served upon Delaware corporation where company's objections were untimely filed and some of the records sought were relevant to applicant's marital property distribution proceedings in a foreign court as applicant's ex-husband was the main shareholder of the corporation.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Brock v. Dep't of Serv. for Children, Youth, & Their Families

    Publication Date: 2022-02-22
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Phillip Renzulli, Law Office of Edward J. Fornias, Wilmington, DE for appellant.
    for defendant: Jonathon C. Harting, State of Delaware Department of Justice, Wilmington, DE; Renee D. Duval, Office of the Child Advocate, Wilmington, DE for appellees.

    Case Number: D69724

    There was no error in relying on parent's prior involuntary termination of rights to other children in terminating parental rights to another child where evidence supported finding that termination was in the child's best interests.

  • Spintz v. Div. of Family Serv.

    Publication Date: 2020-05-20
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Islanda L. Finamore, Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Stephen E. Jenkins, Ashby & Geddes, Wilmington, DE for respondent.

    Case Number: D68989

    Delaware law required the Department of Family Services to send notice prior to filing a petition for substantiation.

  • Lopez v. Bamaca

    Publication Date: 2020-05-06
    Practice Area: Family Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Gary R. Spritz, Gary R. Spritz, Esq., Wilmington, DE for father.
    for defendant: Susan E. Morrison, Brandon J. Pakkebier and Daniel A. Taylor, Fish & Richardson P.C., Wilmington, DE for mother.

    Case Number: D68970

    Father established that he was exercising his custodial rights with respect to his minor daughter at the time mother removed the child to the United States. The court ordered mother to return the child to Mexico under the Child Abduction Remedies Act.

  • Garrison v. Downing

    Publication Date: 2020-03-11
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Patrick J. Boyer, MacElree Havrey, Ltd., Centreville, DE for appellant
    for defendant: James P. Curran, Law Offices of James P. Curran, Jr., Newark, DE for appellee.

    Case Number: D68904

    "Contemplation of marriage" rule should not be extended to apply to premarital debts where rule was originally intended to apply to separate property that the parties intended to become marital property upon marriage.

  • Whitmore v. Robinson

    Publication Date: 2019-12-18
    Practice Area: Family Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Timothy J. Snyder and Curtis J. Crowther, Young Conoway Stargatt & Taylor, LLP, Wilmington, DE for father.
    for defendant: Andrew W. Gonser, Gonser & Gonser, P.A., Wilmington, DE; Achille C. Scache, Delcollo, Werb & Gagne, Wilmington, DE for mother.

    Case Number: D68814

    The family court improperly incorporated the factor of "necessary care" from another statute in terminating a father's paren-tal rights.