Search for: "Childs F. Burden" Results 41 - 60 of 1,076
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9 Mar 2010, 3:40 am by Anthony J. Vecchio
"We hold that pursuant to N.J.S.A. 3B:12A-6(f), prior to the vacation of a kinship legal guardianship judgment, the court must find by clear and convincing evidence both that the parent has overcome the incapacity or inability to care for the child that led to the original guardianship proceedings, and that termination of kinship legal guardianship is in the best interest of the child. [read post]
24 Jul 2013, 6:08 am by Joel R. Brandes
Respondent bears the burden of proving this exception by a preponderance of the evidence. 42 U.S.C. [read post]
26 May 2017, 9:24 am
The burden of proof on forfeiture is preponderance of the evidence. [read post]
26 Oct 2016, 5:53 am
He argues the court erred in concluding the mother met her burden of proving  the claimed loss was the result of his criminal conduct. . . .State v. [read post]
13 Jul 2016, 12:56 pm by John Floyd
He told the sentencing court that a two-level enhancement under § 2G2.2(b)(3)(F) for “distribution other than distribution described in subdivisions (A) through (E)” applied instead. [read post]
24 Sep 2021, 11:59 am by Andrew Hamm
Those provisions include, among others, a requirement that state agencies bear the cost and burden of providing expert testimony to justify placing Native children in foster care, a requirement that state agencies provide remedial services to Native families, and a requirement that state agencies maintain certain child-placement records. [read post]
10 Sep 2022, 7:21 am by Joel R. Brandes
Friedrich, 78 F.3d 1060, 1066 (6th Cir. 1996) (“[I]f a person has valid custody rights to a child under the law of the country of the child’s habitual residence, that person cannot fail to ‘exercise’ those custody rights under the Hague Convention short of acts that constitute clear and unequivocal abandonment of the child. [read post]