Husband Wins Reversal on Car & Support

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 [...]

Parents who lost son denied visits with grandchild

By Deborah Elkins
Published: May 10, 2013
Tags: Domestic Relations, Judge Craig D. Johnston, Judge Randolph A. Beales, Prince William County Circuit Court, Virginia Court of Appeals News

A mother could cut off contact between her two-year-old son and his paternal grandparents, whose own son had joint custody of the child, but who died in an auto accident when the grandson was barely two years old. In a case it called “very sad and unfortunate,” the Court of Appeals upheld denial of the [...]

Mom’s Reheard Custody Appeal Fails

By Deborah Elkins
Published: May 9, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

In a prior decision (Anderson v. Anderson VLW 013-7-075(UP)), the Court of Appeals found mother’s arguments procedurally defaulted and summarily affirmed the trial court awarding custody of minor child to father after he moved to another county; on rehearing, the Court of Appeals summarily affirms again – mother’s due process rights were not violated; she [...]

Prenuptial Bars ED Award & Expense Repayment

By Deborah Elkins
Published: May 9, 2013
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

In husband’s appeal of a final divorce decree granting wife equitable distribution of $135,000 and denying him reimbursement of household expenses, the Court of Appeals says the parties’ prenuptial agreement requires reversing the ED order and affirming denial of reimbursement; although poorly written, the agreement clearly evidences intent to bar wife from recovering her cash [...]

Paternal Grandparents Denied Visitation

By Deborah Elkins
Published: May 9, 2013
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals affirms mother’s right to deny visitation with preschool-age grandson after moving out of paternal grandparents’ home after father’s death; mother is fit and grandparents failed to meet their burden under controlling case law to show actual harm to child; the trial court did not abuse its discretion in denying an intrusive [...]

Medical Expense Duty Owed Till Graduation

By Deborah Elkins
Published: May 3, 2013
Tags: Domestic Relations, Fairfax County Circuit Court, Judge Bruce D. White, Virginia Circuit Courts

A husband is ordered to pay wife $617.94 as reimbursement for medical expenses, in accordance with the terms of the parties’ property settlement agreement incorporated into their final divorce decree; the Fairfax Circuit Court declines to include in the sum awarded to wife her claimed expenses for dental insurance premiums, which are not mentioned in [...]