Domestic Relations | Virginia Lawyers Weekly

GAL Can’t Appeal Consensual Termination

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

In this appeal by the guardian ad litem of four children, the Court of Appeals affirms the circuit court’s decision that it lacked jurisdiction to review the decision of the juvenile and domestic relations district court nonsuiting the local department of social services’ termination proceeding after parents agreed to adoption; circuit court review is de [...]

Mother’s Rights Terminated for Torture

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of mother’s rights to her two surviving children, a daughter age six and infant son; the evidence shows parents tortured the daughter by caging her and allowed another infant son to die; termination is in the children’s best interests and alternative family placements were thoroughly investigated and found unsuitable.
Mother [...]

Wife’s Appeal Nets More Fees

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

In pro se wife’s appeal of a final divorce order, the Court of Appeals summarily affirms the trial court’s denial of wife’s requested continuance, equitable distribution rulings and award of $4,690 attorney’s fees and costs to husband; appellate attorney’s fees also are awarded to husband for wife’s meritless appeal.
The parties separated after over six years [...]

Spousal Support Requires Findings

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

On husband’s appeal, the Court of Appeals affirms equitable distribution and attorney’s fees to wife but reverses spousal support and remands for the trial court to make the written findings required by Va. Code § 20-107.1(F); the trial court’s failure to make the required findings is reversible error that cannot be cured by its findings [...]

Improper Service in ‘Reopen Case’

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

In this domestic relations “reopen case” in which father seeks to reduce support and complains he has been denied visitation, the Fairfax Circuit Court grants mother’s motion for reconsideration of an earlier support modification, as mother did not receive proper notice, and dismisses father’s Rule to Show Cause regarding mother’s alleged denial of visitation.
Essentially, Va. [...]

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 [...]

Court overrides arbitrator on custody

By Paul Fletcher
Published: May 11, 2012
Tags: Domestic Relations, Floyd County Circuit Court

A circuit judge is not bound by an arbitrator’s ruling on child custody issues, a Floyd County Circuit judge has ruled.
The court has the statutory duty and responsibility to determine the best interest of a child, the judge found.
There is “not much law” on this legal point, said Jonathan Rogers of Floyd, the prevailing lawyer. [...]

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 [...]

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