Mom’s Reheard Custody Appeal Fails

Mother Using Drugs Loses Three Children

By Deborah Elkins
Published: June 6, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms terminating mother’s rights to her three children: mother chose not to appear at the termination hearing after receiving notice and continued using drugs while the children are thriving in a foster home with parents who want to adopt them. In addition to a daughter age 13, mother has three children [...]

Wife’s Appeal on Contempt Fails

By Deborah Elkins
Published: June 6, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms wife’s conviction for contempt for failing to notify the court and husband of her remarriage as required by the final divorce decree awarding her $4,000 monthly spousal support; wife’s arguments about contempt are procedurally defaulted and she shows no abuse of discretion in denying her a continuance. Husband and wife [...]

More Fees for Husband’s Appeal After Remand

By Deborah Elkins
Published: June 6, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

After reversing an equitable distribution order based on the parties’ prenuptial agreement, the Court of Appeals says husband’s second appeal of the trial court order on remand seeks to relitigate issues previously decided and awards wife appellate attorney fees for both appeals. Husband and wife divorced after 17 years of marriage; the final decree ordered [...]

Transient Father’s Rights Terminated

By Deborah Elkins
Published: May 29, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms termination of father’s rights to his minor child for failure to substantially remedy the conditions requiring foster care for over two years: father moved back and forth between states incurring criminal charges involving mother, he failed to document a plan to provide for child with stable income, housing and [...]

Custodial Mom Could Take Child to U.S.

By Deborah Elkins
Published: May 29, 2013
Tags: 4th U.S. Circuit Court of Appeals, Domestic Relations, Judge Diana Gribbon Motz

In this international custody dispute, a mother who married and had her son in Switzerland, where father still lived, was not liable for wrongful removal under the Hague Convention for taking the child to the U.S. to visit her sister and seek treatment for his diagnosed conditions of autism and a feeding disorder; the mother [...]

Incarcerated Mom’s Rights Terminated

By Deborah Elkins
Published: May 23, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of mother’s rights to her two children who were removed after two step-children ages three and four were severely injured and mother engaged in activity resulting in her incarceration on federal drug, perjury and felony child abuse charges with a mandatory minimum sentence of 15 years. Mother lived with [...]

Runaway Mom’s Rights Terminated

By Deborah Elkins
Published: May 23, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms terminating mother’s rights to her three-year old child for insufficient progress remedying the conditions requiring foster care; mother is an undocumented immigrant eight months pregnant with another child; her mother’s home is not suitable and the child is doing well with prospective adoptive parents. Mother had child in 2009 while [...]

Husband Wins Remand on Retirement Share

By Deborah Elkins
Published: May 23, 2013
Tags: Domestic Relations, Judge Walter S. Felton Jr., Virginia Court of Appeals

On husband’s appeal, the Court of Appeals affirms a final divorce decree awarding wife $225 monthly spousal support and remands for clarification of the award of 35 percent of husband’s Virginia Retirement System (VRS) account; husband’s arguments are procedurally defaulted but remand is needed to conform the order to Va. Code § 20-107.3(G)(1) limiting equitable [...]

Husband’s ED Appeal Untimely

By Deborah Elkins
Published: May 16, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

A husband failed to timely appeal the final divorce decree awarding wife equitable distribution and ordering husband to reimburse wife for garnishment of her wages to pay their joint debt to husband’s brother, and he did not preserve his challenge to a finding of contempt against him, and the Court of Appeals summarily affirms the [...]