Custody Arbitration Award Overturned 
By Deborah Elkins
Published: May 16, 2012
Tags: Domestic Relations, Floyd County Circuit Court, Virginia Circuit Courts
A Floyd County overturns an arbitration award that required a mother to move from Richmond to a location within 40 miles of father in Floyd County or relinquish custody of
her child to father; under Virginia law, the court is not bound by the arbitrator’s decision but is entitled to exercise its statutory duties in determining [...]
Father’s Appeal Untimely
By Deborah Elkins
Published: May 15, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms the circuit court’s dismissal of a father’s appeal from a juvenile and domestic relations district (JDR) court order denying his request for weekend visitation at his place of incarceration; father noted his appeal one day late after the 10-day deadline prescribed in Va. Code § 16.1-296(A) and failed to present [...]
Spousal Support Terminated After 19 Years
By Sarah Rodriguez
Published: May 15, 2012
Tags: Domestic Relations, Judge Larry G. Elder, Virginia Court of Appeals
The Court of Appeals affirms the trial court’s decision granting husband’s motion to terminate monthly spousal support of $2,150 nineteen years after the parties separated; wife’s argument about the lack of written findings is procedurally defaulted and her proffered new employment evidence does not meet admissibility standards; we decline to award husband appellate attorney’s fees.
Wife [...]
Both Parents’ Rights Cut Off
By Deborah Elkins
Published: May 8, 2012
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts
As the evidence indicates that mother is incarcerated and both parents have had problems with substance abuse, have not maintained consistent housing and employment and have failed to correct the problems that led to the child’s foster care placement 19 months ago, the Richmond Circuit Court terminates their parental rights.
The mother is mentally ill and [...]
Crime Report Threat Not Duress for PSA
By Deborah Elkins
Published: May 8, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
Husband is not entitled to set aside a property settlement agreement (PSA) on the basis of wife’s alleged threats to report him for molesting their daughter; the Court of Appeals says husband failed to meet his burden of proving duress or unconscionability.
Husband and wife separated in 2010, after nearly three years of marriage. Wife’s attorney [...]
No La. Transfer for Support Case
By Deborah Elkins
Published: May 8, 2012
Tags: Domestic Relations, Judge Glen A. Huff, Virginia Court of Appeals
Although a divorced couple and their witnesses currently all reside in Louisiana, the Court of Appeals says the trial court erred in transferring jurisdiction over husband’s motion to amend his monthly $5,250 spousal support order to a Louisiana court.
Wife contends the circuit court erred in declining to exercise jurisdiction over the appeal and in transferring [...]
Relocating Mom Loses Custody
By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals summarily affirms the trial court decision awarding father custody after mother unilaterally relocated to a more urban part of northern Virginia; relocation is a material change in circumstances and the record evidence supports that changing custody is in the child’s best interests; mother shows no abuse of discretion in the admission [...]
Support and Fees Affirmed
By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals summarily affirms the trial court’s order continuing spousal support through the hearing date and awarding wife $500 attorneys’ fees: husband shows no abuse of discretion and his attorneys’ fees objection is procedurally defaulted.
Husband and wife divorced in 1997, after 17 years of marriage. The final decree awarded wife monthly spousal [...]
Continuance Not Required
By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
Pro se husband is not entitled to reversal of a final divorce decree awarding wife $960 attorneys’ fees for denial of his requested continuance, the Court of Appeals says; husband was served notice at the new address he provided and shows no abuse of discretion.
After 8 years of marriage, husband and wife separated in [...]
Wife Due Fees Under Agreement
By Deborah Elkins
Published: May 1, 2012
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals
On wife’s appeal, the Court of Appeals reverses and remands for the trial court to determine attorneys’ fees due wife under the parties’ property settlement agreement (PSA) incorporated in their final divorce decree; husband’s confusion about tax refunds due wife do not excuse attorneys’ fees due her under the PSA; his request for an offset [...]
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