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...preponderates against the findings, we must affirm, absent error of law. T.R.A.P. 13(d). Husband first argues that Tennessee's divorce and child custody statutes are...argument to rebut the presumption in favor of the validity of Tennessee's divorce and child custody statutes. This issue is without merit. Husband also argues that the evidence...preponderates against the trial court's findings of fact with respect to the grounds for the divorce and the award of child custody to Wife. Trial courts are vested with...

...jurisdiction over a tort action for damages. The exception, as articulated by this Court since Barber, encompasses only cases involving the issuance of a divorce, alimony, or child custody decree...and expertise. Because this lawsuit in no way seeks a divorce, alimony, or child custody decree, the Court of Appeals erred by affirming the District Court's invocation of the domestic relations...seek divorce, alimony, or child custody, such abstention is inappropriate here, where the status of the domestic relationship has been determined as a matter of state law and, in any event, has no...

.... DECIDED SEPTEMBER 8, 1976. Divorce, etc.; custody of child. Coweta Superior Court. Before Judge Knight.... Teresa Hogan Cothran, appellant, filed suit for divorce and custody of the daughter of the parties. The husband counterclaimed for divorce and child custody. Hearing was held before the trial...procedure for the termination of parental rights. A superior court judge, upon hearing a divorce and child custody case, does not have jurisdiction to terminate parental rights, although he can...

...issue is whether attorney's fees awarded to a bankrupt's former spouse in a post-divorce child custody proceeding in Arizona is nondischargeable under section 17(a)(7) of the former Bankruptcy Act...(Bkrtcy.E.D.Tenn. 1980) (same). The appellant, J. C. Catlow, and his wife were divorced in 1975. The divorce decree awarded custody of the minor child to Catlow's wife. In 1977...are unrelated to enforcing spousal support obligations. As the proceeding at issue here occurred two years after his divorce and dealt exclusively with child custody, he contends that the fee award may...

...divorce, child custody, and property settlement action in a Texas state court entered against him while he was incarcerated and unable to appear in court. He sought damages and an order voiding the...

...order to complete state proceedings for divorce, child custody, and property division). We affirm the Bankruptcy Appellate Panel's decision. AFFIRMED. ...

...shown before a court may modify an order regarding child custody; the party seeking modification has the burden of showing such a change in circumstances. 4. DIVORCECHILD CUSTODY — JOINT...the parents is lacking; awards of joint custody have been reversed where it was clear that the parties were not working in concert to raise the child. 5. DIVORCECHILD CUSTODY — NO...decree. 6. DIVORCECHILD CUSTODY — WELFARE AND BEST INTERESTS OF CHILD DETERMINATIVE. — The fact that a parent had been the...

...on appeal the questions of property settlement or alimony. DIVORCE: Child custody — presumption favoring mother — DIVORCE: Child custody — ...factors. limitations. DIVORCE: Child custody — award to father. Trial court's 4 finding in a...the record. DIVORCE: Child custody — motherhood as a factor — immoral acts considered with other relevant matters...

...appellant. W. G. Wiley, Murphy Arnold, for appellee. 1. DIVORCECHILD CUSTODY, FULL FAITH AND...the child. 2. DIVORCECHILD CUSTODY, NATURE OF PARENT'S RIGHT. — A father's right to the custody of his child is a personal right. 3. DIVORCECHILD CUSTODY — FULL FA...— CHILD CUSTODY — FOREIGN DECREE, JURISDICTION OF PERSON AS PREREQUISITE TO FULL FAITH AND CREDIT OF. — The full faith and credit clause and the act of Congress passed pursuant to it do not entitle a...

.... [1] DivorceChild Custody — Modification — Continuity — Presumption — In General. There is a strong presumption in favor of...retaining the custodial provisions set forth in a parenting plan. [2] DivorceChild Custody — Modification — Changed Circumstances — Burden of Proof. A parent seeking a...the child's best interests. [3] DivorceChild Custody — Modification — Statutory Grounds — Compliance — Necessity. Modification of a child custody decree or parenting plan...

...witnesses and accepted one version of the facts rather than another. 2. Divorce: Child Custody. Child custody in a proceeding to dissolve a marriage is a matter within the trial court's discretion. 3...marital dissolution proceeding is a matter within the trial court's discretion, is reviewed de novo on the record, and will be affirmed on appeal in the absence of abuse of discretion. 5. Divorce: Child Custody: Guardians...within a trial court's discretion. 6. Divorce: Child Custody. When custody of a minor child is an issue in a proceeding to dissolve the marriage of the child's parents, child custody is determined by...

...attorneys' fees awarded to a debtor's former spouse in successfully defending against a post-divorce child custody proceeding in Tennessee are non-dischargeable under...expenses arising from the post-divorce child custody proceeding be declared nondischargeable. FEDERAL LAW...), 11 U.S.C. § 35(a)(7), the court held that attorney's fees awarded to the bankrupt's former spouse in a post-divorce child custody proceeding in Arizona were nondischargeable...

.... Robert E. Stewart, Guido Stewart, of Danville, for appellee. 1. DIVORCEChild .... — The paramount and controlling considerations in all custody disputes are the welfare and best interests of the child. p. 48. 2. DIVORCEChild Custody — Change...initial order that a change of custody is necessary for the welfare of the child. p. 48. 3. DIVORCEChild Custody — Change of Circumstances — Burden of Proof — Duty of the...

...1993 they lived in Mississippi with their son. That year the wife filed for divorce in Mississippi, seeking child custody, child support and alimony. Several months later wife and son moved to Georgia...addressing all issues over which it had jurisdiction, including divorce. 2. A review of statutes governing divorce and child custody supports the position that a trial court can grant a ...decline to exercise [child custody jurisdiction] while retaining jurisdiction over the divorce." Finally, the concerns regarding conflicting determinations of child...

...rehearing and issue the following opinion. Jimmie Anderson retained attorney Walter Snider to represent her in her divorce and child custody action. Due to alleged acts and omissions in the course of...

......." The bankruptcy court concluded that the court-ordered payment of attorneys' fees incurred in post-divorce/child custody litigation should be recognized as child support, and therefore...

...to a preponderance of the testimony. 2. DIVORCECHILD CUSTODY — PART TIME CUSTODY. — Divided custody of a minor child is not favored, unless the circumstances clearly warrant such action. 3...maintenance for minor child in junior high school as against father earning $58 weekly, held not commensurate with his ability to pay and increased to $76 per month. 5. DIVORCECHILD CUSTODY MODIFICATION...— CHILD CUSTODY — PART TIME CUSTODY. — Chancellor's modification of child custody order to give part time custody of girl, 13 years of age, to father against the preference of the child held contrary...

.... By judgment rendered January 20, 1967, the plaintiff, after almost sixteen years of marriage, was granted a divorce, child custody and child support, $25,000 lump sum alimony and $90 per week periodic...

.... DIVORCE: Child custody — modification — change of 1 circumstances — showing. Custodial provisions of a...children requires such modification. DIVORCE: Child custody — modification — proof — burden. DIVORCE: Child custody — modificatio...enforcement of decree would result in positive wrong or injustice resultant from changed conditions. DIVORCE: Child custody — modification...

.... 1. DIVORCECHILD CUSTODY, RIGHT TO REMOVE FROM STATE. — The parent having custody of a child is ordinarily entitled to move to another...state and to take the child to the new domicile. 2. DIVORCECHILD CUSTODY, PROTECTION AGAINST POSSIBLE HAZARDS. — The normal love of a parent, especially a mother, for her child provides the best...possible assurance that the infant will not be needlessly exposed to danger. 3. DIVORCECHILD CUSTODY — RELIANCE ON PARENT TO PROTECT CHILD FROM HAZARDS, EIGHT AND SUFFICIENCY OF EVIDENCE...

...custody provisions of a divorce decree, best interest of the child is first and governing consideration. Authorities need not be cited for this. Rule 344(f)15, Rules of Civil Procedure. Child custody provi.... We have held many times child custody provisions of a divorce decree will not be modified unless their enforcement will be attended by positive wrong or injustice as a result of...maintain remarriage of one of the parties is not a sufficient change in circumstances to warrant modifying custodial provisions of a divorce decree. IV. In matters involving child...

...North Carolina state district court, seeking divorce from bed and board, child custody, child support, alimony pendente lite, permanent alimony, and attorneys' fees. On June 17, 1981, a...Court of North Carolina reviewed an award of various payments similar to those in the instant case. In Beall, the plaintiff sought divorce from bed and board, child custody, child support...

...." 661 F.2d at 9. An attorney's fee award may also be held nondischargeable even if awarded in a post-divorce child custody proceeding...income. Plaintiff is an attorney representing himself. This Court concludes that the only basis for finding that an award for attorney's fees in a state court divorce, post-divorce, or child custody...

...North Carolina state district court, seeking divorce from bed and board, child custody, child support, alimony pendente lite, permanent alimony, and attorneys' fees. On June 17, 1981, a...Court of North Carolina reviewed an award of various payments similar to those in the instant case. In Beall, the plaintiff sought divorce from bed and board, child custody, child support...

...bankrupt's former spouse in a post-divorce child custody proceeding were nondischargeable under the former Bankruptcy Act. In Catlow...concluded, however, that even though the proceeding at issue occurred two years after the divorce and dealt exclusively with child custody, the attorney's fees awarded in the later proceeding were...nondischargeable. Catlow at 962. The court refused to distinguish between divorce proceedings and post-divorce child custody proceedings in holding related attorney's fees dischargeable...

.... DIVORCE: Child custody — change must be based on substantial 1 grounds. Changes of custody of children should not be made for ..., but should be based on substantial grounds. DIVORCE: Child custody — power of court to change. The 2 district court has power to change custody of minor children when...conditions and circumstances which existed at the time of the decree have been substantially changed. Section 598.14, Code of 1962. DIVORCE: Child custody — change — burden...

...fee to the plaintiff herein, who represented Mr. McKeehan in connection with the contested post-divorce child custody hearing. Ms. McKeehan appealed the order denying her request...: Whether an award of pre-petition attorney fees to a chapter 7 debtor's former spouse for successfully defending against the debtor's post-divorce child custody action is nondischargeable "support...) proceedings should be on whether a debt is in the nature of support rather than on the identity of the payee, held that professional fees incurred in divorce and child custody proceedings can be determined...

.... DIVORCE: Child custody — best interest of child first 1 consideration. In matters involving child ..., the best interest of the child is the first and governing consideration. DIVORCE: Child custody — decree modified only on showing of... change of subsequent conditions. DIVORCE: Child custody — welfare of child superior to claims of parents...

...the case. 4. Child Custody. No court can abdicate its obligation to determine what it deems to be in the best interests of the children, based upon the totality of the circumstances. 5. Divorce: Child Custody. When...

.... CONTEMPT: Appeal — review — weight of trial court's findings. CONTEMPT: Divorce — willful disobedience of provisions for child ...custody — division between parents — not for best interests of child. DIVORCE: Change of...custody — presumption in favor of mother. parent should have custody. DIVORCE: Child ...

...one version of the facts rather than another. 3. Divorce: Child Custody: Courts. Pursuant to Neb. Rev. Stat. § 42-364 (Cum. Supp. 1986), a district court may maintain legal custody of a minor child, in...subject to determination after further notice and hearing. Regarding actions for modification of a divorce decree's child custody provisions, we have said: "A divorce decree...circumstances is, generally, an essential element which must be shown to modify child custody provisions in a divorce decree. However, when a court has retained legal custody of a ...

...seeking, inter alia, damages for constitutional violations related to state proceedings for divorce, child custody, and child support (see generally Compl.); and IT...to a state court order or judgment concerning divorce, child custody, or child support — that the complaint should be dismissed under theRooker-Feldman doctrine because the claims can be...— if the plaintiff is subject to ongoing divorce, child-support, or child-custody proceedings in state court — that the complaint should be dismissed under theYounger abstention doctrine...

.... DIVORCE: Child custody — modification of decree — weight of DIVORCE: Custody of child.... trial court's finding. DIVORCE: Child custody — discretion of trial court in.... DIVORCE: Child custody — modification of decree denied. The 6 application of a father for a modification of the custodial provisions of a divorce decree, which awarded ...

.... 1. DIVORCECHILD CUSTODY, MODIFICATION OF — CHANGE OF CONDITIONS, WIFE'S REMARRIAGE AND ACQUISITION OF HOME AS. — Wife's remarriage and acq...she is able to provide a home for the children, which she could not do at the time of divorce, held such a change of conditions as would warrant the modification of a child custody award. 2. DIVORCECHILD...placed in their mother's care rather than remaining in the father's home where there was no woman to look after their needs, held not contrary to the children's best interests. 3. DIVORCECHILD CUSTODY — VISITATION...

...-divorce child custody actions are "in the nature of support" under section 523(a)(5). Custody actions are directed at determining which parent can provide the best home for the child and are...child custody proceeding were nondischargeable under former Bankruptcy Act)). In the case at bar, the state court noted that it had relied upon a number of state appellate...L.Ed.2d 1039 (1999) (relying upon Marks v. Catlow (In re Catlow), 663 F.2d 960 (9th Cir. 1981) (attorney's fees awarded in post-divorce...

.... 1993) ("The circuits have split on the issue of whether a post divorce child custody action is property considered to be in the nature of support.") Under the former...persuasive and will follow. The Tenth Circuit recently concluded that a debtor's court ordered psychologist's and guardian ad litem's fees resulting from divorce/child custody proceedings...878 (10th Cir. 1993). Jones held that a debt from post-divorce custody proceedings to pay child support and children's health insurance was non-dischargeable because the...

...circumstances warranting modification of the divorce decree insofar as child custody was concerned. The matter was heard by the trial judge on April 26, 2001, and the judge found that the appellant...

..., 55 F.3d 1487, 1488 (10th Cir. 1995), the Tenth Circuit asked whether guardian ad litem and psychologist fees, incurred in divorce and child custody...

.... Paul K. Roberts, for appellant. W. C. Medley, for appellee. 1. DIVORCE — ...evidence. 2. DIVORCECHILD CUSTODY — NEGLECT, WEIGHT AND SUFFICIENCY OF EVIDENCE. — Father's contention in petition for modification of child custody that the mother left child with her parents and...did not stay with it herself, held not supported by the evidence. 3. DIVORCECHILD CUSTODY, DIVISION BETWEEN MOTHER AND FATHER. — Modification of child custody award by giving the father, an...

.... HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ. 1. Divorce: ...appeal de novo on the record; only if the trial court has abused its discretion will its determination be disturbed. 2. Divorce: Child Custody. In a dissolution of marriage proceeding, the issue as to...result. 4. Divorce: Child Custody: Public Policy. Although in a dissolution of marriage proceeding it is generally sound public policy to keep...

.... DIVORCECHILD CUSTODY, MODIFICATION OF IN GENERAL. — One Wishing a modification of a child custody decree must show that the modification is for the best interests of the children, and that a change of...circumstances has come about since the entry of the custody order contained in the divorce decree. 2. DIVORCECHILD CUSTODY, CHANGE OF CIRCUMSTANCES WARRANTING MODIFICATION OF. — Father showed that...warrant a modification of the child custody award by giving the custody of the two boys to the father. 3. DIVORCECHILD CUSTODY, WIFE'S ATTORNEY FEES. — Trial court's award of $100 attorney fee to...

...the proceeding at issue was a post-divorce child-custody hearing, and not designated as a support hearing. While the Ninth Circuit has not directly considered this issue, this...custody litigation were nondischargeable as support. The court found that the post-divorce child-custody hearing "was clearly for [the child's] benefit and support, as the purpose of the hearing was to...

...orders with regard to divorce and child custody matters and monetary relief. See (#1; #6; #17). Plaintiff has also sought mandamus relief in the form of "immediate summary judgment and... responded that she seeks no award of divorce, alimony or child custody in this action. Instead, she seeks to vindicate her "constitutional rights..."reopen, reissue, correct, or modify" an existing divorce or child custody decree. Stephens v. Alliant Techsystems Corp., 714 Fed. App'x...

...accepted one version of the facts rather than another. 2. Divorce: Child Custody. In a dissolution proceeding, custody of a minor child is determined by the child's best interests and due regard for the...superior right of a parent fit to have custody of the child. 3. Divorce: Child Custody: Courts. Pursuant to Neb. Rev. Stat. § 42-364 (Reissue 1988), a district court may obtain and retain legal custody...the best interests of the child in relation to the custody question. 5. Divorce: Child Custody. Parental agreement is a prerequisite for joint custody pursuant to Neb. Rev. Stat. § 42-364(3) (Reissue...

..., 2009 Brunetta's wife filed a complaint for divorce and child custody with the Superior Court of New Jersey, seeking legal separation from Plaintiff and custody of the couple's children. Judge Testa was...preside over his or any other case because of a hearing impairment. Despite Plaintiff's admission that his divorce and child custody action is ongoing in the New Jersey state court...Superior Court against Plaintiff, injunctive relief to force a change in venue for Plaintiff's divorce and child custody proceeding, attorneys fees, declaratory relief "as [the] court deems...

...Mason City, for appellee. DIVORCE: Child custody — best interests of child governing 1 consideration. The.... DIVORCE: Child custody — trial court's findings — weight given. DIVORCE: Child custody — immorality o... determining factor. DIVORCE: Child custody — award to father — approved. The 4 record in a divorce suit establishes the trial court did not abuse its...

...petition for modification of child custody provision of divorce decree or an increase in visitation rights, the trial court refused to change custody but substantially increased visitation rights...Cooney, of Des Moines, for appellee. DIVORCE: Child custody — change — remarriage of spouse 1 awarded custody..., such marriage, ipso facto, is not sufficient. DIVORCE: Child custody — change of circumstances — showing insufficient to warrant...

.... J. David Holt, of Bloomfield, for appellee. 1. DIVORCEChild Custody. — In the...matter of custody of minor children in divorce actions the primary consideration is the best interests of the children involved and not the desire or wishes of their parents. p. 516...

...). Alfaro filed a complaint in federal district court alleging various constitutional violations in connection with her state-court divorce and child-custody proceedings. In...those divorce and child-custody proceedings. Alfaro asked for monetary and injunctive relief. She also requested mandamus relief, asking the district court to "issu[e] immediate summary judg[]ment" and...(1992) (holding that federal courts lack power "to issue divorce, alimony, and child[-]custody decrees...

.... Byron Goodson and Gordon B. Carlton, for appellee. 1. DIVORCECHILD CUSTODY, MODIFICATION OF DECREE...AWARDING, PRESUMPTION AND BURDEN OF PROOF. — A party seeking modification of a divorce decree provision for custody of a child bears the burden of proof of changed conditions warranting a modification...in the interest of the child. 2. DIVORCECHILD CUSTODY, MODIFICATION OF DECREE AWARDING, MOTHER'S REMARRIAGE AS GROUNDS FOR. — Mother, who merely proved the fact of her remarriage and ability to...

...debtor's wife relief from the automatic stay in order to complete state proceedings for divorce, child custody, and property division...

...State of Nevada, Family Division ("Second Judicial District Court") on October 20, 2008. (Complaint (#4)). Therein, Mellema requested that this Court "take jurisdiction" over her post-divorce, child custody and.... 332. 10 P. 901 (Nev. 1886). In addition, Mellema's petition requests that this Court take jurisdiction over her post-divorce, child custody and...

...362(b)(2)(2005). The McCloskey's divorce involved issues of custody, parental rights, child support, visitation, and property division. After the June 2000 jury...

...child custody, visitation and support provisions of the divorce decree. From decree of modification favorable to defendant plaintiff has appealed. — Affirmed in part; reversed in part, and remanded.... James A. Lucas, of Bedford, for appellee. DIVORCE: Divided custody — not for best interest of child...modification of a divorce decree must be such as were not within the knowledge or contemplation of the court when the decree was entered. DIVORCE: Child custody — removal...

...Singhs), and her attorney, Gregory Golden, conspired to violate Dixit's rights and violated federal and state law by aiding Tanya to return to the United States to pursue divorce and child custody...divorce and alimony decrees and child custody orders. Ankenbrandt v. Richards, 504 U.S. 689, 702-03 (1992...). The district court lacked jurisdiction to entertain Dixit's claims connected to his divorce and child custody proceedings. Dixit complained that Tanya disregarded the welfare of their mi...

.... 1. DIVORCE — MODIFICATION OF CHILD CUSTODY ORDER — WEIGHT SUFFICIENCY OF EVIDENCE. — Frank admissions by mother, concerning excessive drinkin...custody. 3. DIVORCECHILD CUSTODY — ATTORNEY FEES IN ACTION TO MODIFY. — The allowance of an attorney's fee to a divorced wife in an action for modification of a child custody order is a matter ...going about his separate residence. On July 29, 1955, appellee filed the instant petition to modify the original divorce decree by giving him custody of the child. After appellant...

...Foster, for appellant. Carl Langston, for appellee. DIVORCECHILD CUSTODY — REMOVAL OF INFANT FROM...STATE. — Appellee secured divorce from appellant and custody of their young daughter. Appellant was ordered to pay $12.60 per week for child support. Appellee moved to California and took the child with...

...regarding core issues of divorce and child custody which are inconsistent with the comity traditionally afforded state courts. See Barber v...

.... Plaintiffs' $50,398.00 award of attorney's fees is excepted from the automatic stay under Section 362(b)(2)(2005). The McCloskey's divorce involved issues of custody..., parental rights, child support, visitation, and property division. After the June 2000 jury trial on child custody but prior to the 10 day trial of the remaining issues beginning August 7, 2000, Anne...

.... 1. DIVORCE — MODIFICATION OF CHILD CUSTODY AWARD. — Since the divorce i.... DIVORCECHILD CUSTODY AWARD, SEPARATION OF CHILDREN. — Unless exceptional circumstances are involved, young children should not be separated from each other by dividing their custody...

...(Case No. 054701661 DA) from the Judicial District Court of Utah, Davis, County, to this Court. It appears from the petition that Plaintiff is attempting to remove a divorce and child custody action...United States Supreme Court has recognized a "domestic relations exception" to federal jurisdiction, which means that federal courts may not hear divorce, alimony, or child custody cases.../or custody from a divorce decree, which are squarely within the jurisdiction of state and not federal court. For these reasons, the Court will reject Plaintiff's Petition for...

.... Appeal by plaintiff-wife from decree changing child support and custody provisions of a divorce decree. — Reversed and remanded...mention was made of change in custody. DIVORCE: Child custody and support — decree a finality as to existing circumstances — changes must be...shown. DIVORCE: Modification of custody and support — welfare of child...

...testimony. DIVORCE: Child custody — discretion of trial court. In divorce 2 actions the question of child custody is addressed to the sound discretion of the trial court.... DIVORCE: Child custody — determination — presumption favoring mother as aid to court. DIVORCE: Child ...be served. DIVORCE: Child custody — mental illness of mother as a factor...

...exceptions for divorce, alimony, and child custody cases apply equally in guardianship cases. See Mazur v. Woodson, 932 F.Supp. 144, 148...association with state and local government organizations dedicated to handling issues that arise out of conflicts over divorce, alimony, child custody decrees and guardianship cases. See e.g...

..., 504 U.S. 689, 703 (1992) (federal courts lack jurisdiction over domestic relations cases in which the relief sought would "involve[e] the issuance of a divorce, alimony, or child custody decree... that Rooker-Feldman barred review of claims related to a state court divorce and child custody proceedings); T....

.... The domestic relations exception "divests the federal courts of power to issue divorce, alimony, and child custody decrees."Ankenbrandt v. Richards...reminding lower courts that "only divorce, alimony and child custody decrees remain outside federal jurisdictional bounds.") (citations omitted). Plaintiff cites the 7th Circuit's...abstention principles may be relevant in a case "involving elements of the domestic relationship even where the parties do not seek divorce, alimony, or child custody...

...cases involving the issuance of a divorce, alimony, or child custody decree." Ankenbrandt v. Richards, 504 U.S. 689, 704 (1992...district court is asked to grant a divorce, determine alimony, or award custody of a child). However, there are exceptions. See Ankenbrandt...parties do not seek divorce, alimony, or child custody"). "A federal court presented with matrimonial issues or issues on the verge of being matrimonial in nature...

...the terms of an existing decree of divorce governing custody and support of a minor child. Upon hearing the trial court entered judgment denying the application. Plaintiff appeals. — Affirmed...interests. DIVORCE: Findings of trial court — weight given on appeal. DIVORCE: Child custody and support — modification...— material and substantial change of circumstances must be shown — burden of proof. DIVORCE: Child custody — change denied where no material...

...federal courts of power to issue divorce, alimony, and child custody decrees." Id. at 703. Since Ankenbrandt, federal courts have...(noting that Ankenbrandt "clarified that only `divorce, alimony, and child custody decrees' remain outside federal jurisdictional bounds"); Mooney v. Mooney...breach of contract, Plaintiff maintains that she is not seeking the issuance or modification of a divorce, alimony, or child custody decree. Although this case involves a privately negotiated property...

...a positive wrong or injustice in the light of changed conditions. Section 598.14, Code, 1954. DIVORCE: Child custody — change of circumstances shown to... justify modification. DIVORCE: Child custody — modification of decree — best interest of child a factor.... DIVORCE: Modification of decree — burden on applicant. The 4 applicant for modification of a divorce decree has the burden to show a change of circumstances by a preponderance of the evidence...

...cross-petition by defendant. Decree granting plaintiff a divorce, child custody, alimony, and support money, and dismissing defendant's cross-petition, was entered by the trial court and defendant.... February 7, 1967. Rehearing Denied April 3, 1967. Appeal from Madison District Court — M.C. HERRICK, Judge. Action for divorce, with...

...courts of appeal also have held that awards of attorney's fees arising from post-divorce child custody actions are "in the nature of support" under section 523(a)(5). Custody actions are directed at...), 663 F.2d 960 (9th Cir. 1981) (attorney's fees awarded in post-divorce child custody proceeding were nondischargeable under former Bankruptcy Act)). ...

...: (1) Right to divorce, child custody and/or child visitation; (2) Right to alimony, maintenance and/or support... (8) Participation of the creditors in state court litigation. (1) RIGHT TO DIVORCE, CHILD CUSTODY AND/OR CHILD VISITATION...stay, to the extent such relief is necessary, to permit the parties to proceed with any divorce action by either the debtor or his spouse in state court seeking a divorce, child custody and/or child...

...Council Bluffs, for appellee. DIVORCE: Child custody — discretion of trial court — review 1 de novo. The...: Custody — slight mental illness of a parent — effect. DIVORCE: Child custody.... PARENT AND CHILD: Custody — mental illness of mother — welfare of child not jeopardized. DIVORCE: Custody o...

...divorce, alimony, or child custody). Therefore, Plaintiff's action is one properly brought in state court, as state courts are "more eminently suited to work of this type," due to...their "close association with state and local government organizations dedicated to handling issues that arise out of conflicts over divorce, alimony, and child custody decrees." Id. at 704...

...considers, and may give weight to, the fact that the trial judge heard and observed the witnesses and accepted one version of the facts rather than another. 2. Divorce: Child Custody. A custodial parent in a...

...result, federal courts generally dismiss cases involving divorce and alimony, child custody, visitation rights, establishment of paternity, [and] child support . . . ." Moussignac v. Ga. Dep't of Human...jurisdiction "divests the federal courts of power to issue divorce, alimony, and child custody decrees." Ankenbrandt v. Richards, 504 U.S...

...federal courts do not have jurisdiction over questions involving divorce, alimony, or child custody. Barber v. Barber, 62 U.S. (21 How.) 582, 584 (1858). "The whole subject of the domestic relations.... 586, 593-94 (1890). The Supreme Court has consistently held that federal courts lack the power to issue divorce, alimony and child-custody decrees. See Ankenbrandt v. Richards...

...largely in the sound discretion of the trial court and only where there is a clear abuse of that discretion will the supreme court interfere. DIVORCE: Child custody — change...in decree — conditions existent since decree entered. DIVORCE: Child custody — change in financial condition only...

...exception to federal subject matter jurisdiction "divests the federal courts of power to issue divorce, alimony and child custody decrees...

...). Core issues in the Placer County case involve divorce and child custody. On February 27, 2017, the undersigned...1223, 1234 (9th Cir. 2008). Moreover, the domestic relations exception "divests the federal courts of power to issue divorce, alimony and child custody decrees." Ankenbrandt v...pertaining to divorce and child custody. (ECF No. 1 at 4; ECF No. 11 at 6-8.) Accordingly, IT IS HEREBY ORDERED that the April 24...

...relations cases involving divorce, alimony, and child custody matters. Id., 193 F.3d 410, 412-13 (6th Cir. 1999) (citing...) ("Traditionally, marriage, divorce, child custody, support payments, and division of marital assets are uniquely state matters which involve distinct issues of state law"). Assuming...

.... 2206, 2209 (1992) (citing Barber v. Barber, 21 How. 582 (1859)). Therefore, as a general rule, this Court cannot hear "suits for divorce and alimony, child custody actions...

...." Exxon Mobil Corp. v. Allapattah Servs., Inc., 544 U.S. 280, 289 (2005). "[F]ederal district courts have no jurisdiction over divorce or child ...Ankenbrandt v. Richards, 504 U.S. 689 (1992)). Plaintiff's claims appear to arise out of her divorce and child-custody proceedings in Columbia...

..., divests the federal courts of power to issue divorce, alimony, and child custody decrees. Ankenbrandt, 504 U.S. at 703...confined to suits for divorce, alimony, or child custody decrees." Ankenbrandt, 504 U.S. at 703, n. 6...lack the close association with state and local government organizations dedicated to handling issues that arise out of conflicts over divorce, alimony, and child custody decrees. Moreover, as a matter...

...in late 1962. In the succeeding years he entered at least ten orders touching on matters of divorce, child custody, and support money. These experiences afforded the chancellor opportunities to reach...

...divorce and child custody dispute. All of Plaintiff's dissatisfaction with Defendant arose from the way the judge handled his divorce and child custody proceeding. . . . Federal courts in the Unit...related state court proceeding unless he argues otherwise). The Court recognizes that Plaintiff's state court divorce and child custody case has not progressed as he has wished, he...and child custody proceeding. Each of the nine defendants has moved to dismiss Plaintiff's complaint. For the reasons expressed below, Defendants...

...modification of provisions of the divorce decree which awarded custody of their child to the husband. From decree granting such relief the husband has appealed. — Reversed and remanded.... DIVORCE: Decree — custody of child — not temporary because of provision for review on remarriage of parties.598.14 ...interest of childDIVORCE: Custody of child — may be temporary. precedence over improved...

.... Richards, 504 U.S. 689, 703 (1992) ("[T]he domestic relations exception . . . divests the federal courts of power to issue divorce, alimony, and child ...the plaintiff seeks a divorce, alimony, or a child custody decree. See Catz v. Chalker, 142 F.3d 279, 291 (6th Cir.1998...

.... The Supreme Court has clarified that "`divorce, alimony, and child custody decrees' remain outside federal jurisdictional bounds,"Marshall v. Marshall...

...necessary under the law." 661 F.2d at 9. An attorney's fee award may also be held nondischargeable even if awarded in a post-divorce child custody proceeding..., or child custody proceeding is actually in the nature of support, is to determine whether the award was intended to address a financial necessity of the nondebtor spouse to enable that person to sue...comparable monthly income. Plaintiff is an attorney representing himself. This Court concludes that the only basis for finding that an award for attorney's fees in a state court divorce, post-divorce...

.... Divorce: Child Custody. In determining the question of which parent should have care and custody of the minor children upon the dissolution of a marriage, the paramount consideration must he the best...

...jurisdiction deprives federal courts of jurisdiction to adjudicate “only cases involving the issuance of a divorce, alimony, or child custody decree...Diversity Jurisdiction “[T]he domestic-relations exception [to federal diversity jurisdiction] encompasses only cases involving the issuance of a divorce, alimony, or child custody...reasons to leave the issuance of divorce, alimony, and child-custody decrees to the state courts: “Issuance of decrees of this type not infrequently involves retention of jurisdiction by the court and...

.... 1. DIVORCE — MODIFICATION OF CHILD CUSTODY AWARD. — Before a child custody award may be modified it must be shown that, after the making of t...order was made. 2. DIVORCE — MODIFICATION OF CHILD CUSTODY AWARD. — In a petition by father to modify child custody award, it was shown that before the divorce he became enamored of another woman ...their son was born in 1947. In 1951 the Chancery Court granted Mrs. Swafford a divorce and custody of the child. In 1954, upon Mr. Swafford's petition, the Court modified the 1951 custody order so as...

.... Richards, 504 U.S. 689, 703 (1992). "[T]he domestic relations exception . . . divests the federal courts of power to issue divorce, alimony, and child ...without any expression of congressional dissatisfaction [with this exception], we . . . reaffirm [its] validity . . . as it pertains to divorce and alimony decrees and child custody orders." Id...exception" which "divests the federal courts of power to issue divorce, alimony, and child custody decrees"). "Thus, while rare instances arise in which it is necessary to answer a substantial federal...

.... [1] DivorceChild Custody — Modification — Review — Standard of Review....untenable or manifestly unreasonable way. [2] DivorceChild Custody — Modification — Findings of Fact — Review — Standard of Review. A trial court's findings of fact relating...

...raises the question of whether guardian ad litem and psychologist fees, incurred in divorce/child custody proceedings and ordered by the state court to be paid in a certain sum by an ex-spouse/parent...identity of the payee, have held fees incurred in divorce or child custody proceedings to be nondischargeable. Some of the cases identify whether the state court ordered the fee paid to a former spouse or to...

...spouse's duty of support to his or her spouse." Id. at 962. The court rejected the debtor's attempt to distinguish attorney's fees awarded to a former spouse in a post-divorce child custody proceeding...: "Arizona law makes no distinction between fees awarded for legal services related to the actual dissolution of marriage and those related to child custody proceedings held subsequent to divorce." Id.... at 963. Fees incurred in a child custody dispute are in the nature of support for the child, even if payable to someone else. 663 F.2d...

...case arises from Plaintiff's divorce and child custody case in the Shelby County, Kentucky, Circuit Court, under which Plaintiff has been required to pay child support, and under which he has been...federal claims and he does not seek any relief in relation to child custody, visitation, alimony, or the divorce decree (doc. 21). He argues... this Court lacks removal jurisdiction, as this matter was not brought as a civil rights matter, but rather a divorce and child custody proceeding and not subject to r...

.... Plaintiff sought modification of divorce decree relative to custody of minor child. Trial court granted the application. Defendant-father appealed. — Reversed and remanded...with a high degree of judicial discretion which will be disturbed only for an abuse thereof. DIVORCE: Custody of child — change — abuse of trial court's... discretion. DIVORCE: Custody — well being and interest of child primary factors. DIVORCE...

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