No Transcript, Divorce Decree Affirmed 
By Deborah Elkins
Published: March 22, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals says a transcript or written statement of facts is needed to review wife’s appeal of a final divorce decree, including a custody decision wife alleged did not consider that it was more important for the children to live in Virginia near friends than to live outside Virginia closer to family members, [...]
Pro Se Must Comply With Rules 
By Deborah Elkins
Published: March 9, 2012
Tags: Per Curiam Opinion, Unemployment Comp, Virginia Court of Appeals
The Court of Appeals summarily affirms a circuit court determination finding claimant ineligible for unemployment compensation benefits: the totality of claimant’s noncompliance with the rules is significant, he failed to remedy defects after notice from the court and presents no argument challenging the circuit court ruling that he failed to comply with mandatory statutory requirements [...]
Delay Finding Counsel No Help for Mom 
By Deborah Elkins
Published: March 9, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms the circuit court’s termination of a mother’s parental rights after denying a continuance: mother procrastinated six months in retaining counsel after perfecting her circuit court appeal, when Va. Code § 16.1-296(D) requires a hearing in 90 days; the best interests of a child in foster care 23 months require proceeding.
In [...]
Rights Terminated After Felony Child Neglect 
By Deborah Elkins
Published: March 9, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms termination of a mother’s parental rights to the oldest of her four children under Va. Code § 16.1-283(C)(2): following her incarceration for felony child endangerment for leaving her toddler and two infants alone for four hours, mother continues to lack stable housing and employment and she terminated her individual therapy; [...]
Wife Did Not Develop ‘Fault’ Claim 
By Deborah Elkins
Published: March 9, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals summarily affirms the trial court’s denial of equitable distribution and spousal support: wife failed to fully develop her argument regarding the cause of the marital breakup and her “seen and objected to” endorsement is insufficient to preserve any issue; the record shows the trial court considered the statutory factors, including the [...]
Mother’s Rights Terminated for Substance Abuse 
By Deborah Elkins
Published: March 1, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms termination of mother’s parental rights under Va. Code § 16.1-283(B): mother has a history of substance abuse and failed treatment dating back to 2006; she also failed to prove housing and ability to support the child who is happy and doing well in foster care.
Mother has two children and a [...]
Child’s Statements to Social Worker Admissible 
By Deborah Elkins
Published: February 17, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
In a proceeding for termination of mother’s parental rights to three of her four children, the Court of Appeals affirms the trial court’s admission of one child’s statements to a social worker about sexual abuse by mother and men living with her; this testimony is admissible in this civil proceeding under § 63.2-1522, and ample [...]
Firefighter’s Heart Condition Not Compensable 
By Deborah Elkins
Published: February 17, 2012
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers’ Comp
The Court of Appeals affirms the commission’s denial of benefits to a retired firefighter based on the testimony of his treating physician that he had a heart condition likely caused by a genetic defect; the commission is not required to accept the conflicting testimony of an independent medical examiner who saw firefighter only once.
Firefighter retired [...]
Mom’s Rights Terminated After Many Moves 
By Deborah Elkins
Published: February 15, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms the termination of mother’s parental rights to her two children under Va. Code § 16.1-283(C)(1) and (C)(2); the record shows over a 17-month period mother had at least seven addresses and four psychiatric admissions; she failed to consistently participate in mental health services, parenting class or visiting the children; father’s [...]
Mom Sedated Child, Lost Parental Rights 
By Deborah Elkins
Published: February 15, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
The Court of Appeals affirms the termination of mother’s parental rights as in child’s best interests based on evidence showing mother failed to improve with services over a two-year period and admitted sedating her son to prevent abuse by her boyfriend.
The local department of social services (DSS) placed child in foster care in 2009. A [...]

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