Per Curiam Opinion « Virginia Lawyers Weekly

Second Child’s Best Interests Support Termination

By Deborah Elkins
Published: February 7, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

Three years after termination of her parental rights to her son, the Court of Appeals affirms termination of an incarcerated mother’s rights to her daughter age 20 months; Va. Code § 16.1-283(E)(i) provides an independent ground for termination in cases involving siblings making it unnecessary to consider § 16.1-283(C)(2) as an alternate ground.
Mother’s parental rights [...]

Dad’s Meritless Appeal Nets Attorney’s Fees

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms a trial court’s divorce decree awarding wife spousal support, equitable distribution of $19,927.50 and the former marital residence; each award is supported by the law and evidence and husband must pay wife’s attorney’s fees for presenting numerous unsupported questions.
Husband and wife separated after seven years of marriage and no children. [...]

Uncooperative Mother’s Rights Terminated

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of mother’s parental rights to her two children, ages seven and one-half and six, who are thriving after more than three years in foster care; clear and convincing evidence supports the trial court determination that the children’s best interests are served by terminating mother’s rights.
Mother and her husband have [...]

Discharge Permit Review Standard Upheld

By Deborah Elkins
Published: January 18, 2012
Tags: Administrative, Per Curiam Opinion, Supreme Court of Virginia

The Supreme Court of Virginia upholds the Court of Appeals’ decision reversing the circuit court judgment and applying the arbitrary and capricious standard of review to the State Water Control Board’s decision to reissue a Virginia Pollutant Discharge Elimination System permit to Virginia Electric and Power Company for its North Lake Anna Nuclear Power Station.
The [...]

Incarcerated Dad’s Rights Terminated

By Deborah Elkins
Published: January 17, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms the trial court’s decision terminating the residual parental rights of a father incarcerated on malicious wounding charges; father received services but failed to remedy the conditions requiring foster care, and his son was thriving after two years of foster care with potential adoptive parents.
In 2006 and 2007, parents received housing [...]

No Custody Change for Teen’s Behavior

By Deborah Elkins
Published: January 17, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms a trial court’s denial of father’s petition for sole custody of his three children; father failed to prove a change in circumstances, mother is complying with the counseling recommendation in the original custody agreement and the children’s therapists’ testify the children are doing well.
Mother and father separated December 2006, [...]

Relative Placement Options Exhausted

By Deborah Elkins
Published: January 10, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of a father’s residual parental rights to his three-year old daughter: father is subject to deportation after serving his current sentence for sexually abusing his teenage daughter; the local department of human services (the department) exhausted reasonable alternatives for suitable placement with a relative.
Father has two daughters, one age [...]

Job Injury Caused Slip & Fall

By Deborah Elkins
Published: January 5, 2012
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers’ Comp

Employee is entitled to benefits for a broken ankle in a fall caused by his work-related injury, the Court of Appeals says, as credible evidence supports the commission’s award of benefits.
Employee, a carpenter’s helper, was injured in late October 2009 when he fell carrying a 21-foot metal beam on his shoulder with his right [...]

Father Must Pay Attorney’s Fee

By Deborah Elkins
Published: January 5, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms the circuit court’s award of child custody and $20,000 in attorney’s fees to mother; father released his counsel after being warned no continuance would be granted.
Husband and wife separated in 2007, after four years of marriage and one month after the birth of their child. Father filed for [...]

Parents Waived Sufficiency Objection

By Deborah Elkins
Published: December 13, 2011
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of parents’ rights to their two children; the record evidence shows parents were unable after more than two years to improve the conditions requiring foster care.
In April 2007, parents and their two children lived in Tennessee. A local Department of Social Services (DSS) in Virginia took custody of parents’ [...]

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