Father’s Arguments Procedurally Defaulted

Home Sale, Fees to Husband Upheld

By Deborah Elkins
Published: April 25, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court’s order approving the final accounting for the sale of the parties’ former marital residence and its award of attorney’s fees to husband; the trial court properly appointed husband’s counsel as special commissioner to effect the sale after wife refused to cooperate; husband as purchaser may obtain [...]

Both Spouses Lose Appeals

By Deborah Elkins
Published: April 25, 2013
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

In divorce litigation pending over six years, wife shows no abuse of discretion in the trial court denying her a continuance or its determinations to order real property sold and award spousal support to husband; the Court of Appeals says husband’s objection that the trial court failed to consider tax consequence is refuted by the [...]

Husband Takes Home Debt & Comp Settlement

By Deborah Elkins
Published: April 22, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

In an equitable distribution proceeding, a Richmond Circuit Court says wife has failed to rebut a presumption that a workers’ comp settlement husband obtained after separation is his separate property, and wife will have no responsibility for debt on the home, which is marital property. The only property subject to equitable distribution is the marital [...]

No Adoption Over Father’s Objection

By Deborah Elkins
Published: April 22, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court denies a husband and wife’s petition to allow the husband to adopt wife’s daughter over the objection of the child’s biological father, as petitioners have not proven by clear and convincing evidence that the biological father abandoned the child or that the adoption would be in the child’s best interests. The [...]

Continuance Denial Upheld in Custody Case

By Deborah Elkins
Published: April 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals says a trial court did not err in declining to grant father a continuance of a custody and visitation hearing in response to father’s presentation that morning of a letter from new counsel requesting a hearing, and the lower court decision is affirmed. The trial court provided detailed reasons for denying [...]

Rights Terminated for Loss of Contact

By Deborah Elkins
Published: April 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals upholds a trial court decision to terminate the parental rights of a mother who failed to maintain any contact with her child during her incarceration and failed to provide or plan for her child’s further for over six months after the child’s placement in foster care. The child was twice removed [...]

Parental Rights Terminated for Long-Term Issues

By Deborah Elkins
Published: April 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals upholds a trial court decision that termination of a couple’s parental rights is upheld in light of evidence these parents failed to correct the conditions that led to removal of their child. From 1997 to 2006, there were 10 founded Child Protective Services complaints against appellants involving filthy home conditions, inadequate [...]

Incarcerated Dad Loses Parental Rights

By Deborah Elkins
Published: April 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

Although father claims his family members were not considered for placement of his child, born while he was incarcerated, the Court of Appeals upholds the trial court’s termination of parental rights of father. The department investigated father’s relatives as potential placement options. Father initially provided only his mother’s contact information. His mother would not permit [...]

Mother’s Arguments Procedurally Defaulted

By Deborah Elkins
Published: April 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms terminating mother’s rights to her son; mother’s arguments are procedurally defaulted and the record shows mother failed to substantially remedy the causes of foster care after she received appropriate services. Son was placed in foster care at the request of the local department of social services (DSS). For two years, [...]