Dad’s Appeal Nets More Fees

‘Conclusory’ Statement Does Not Support Appeal

By Deborah Elkins
Published: November 20, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of a mother’s parental rights to her child, as her only argument on appeal is a conclusory statement that the Department of Social Services “failed to prove by clear and convincing evidence that terminations is in the best interests of the child, and the requisite statute,” Va. Code § [...]

Incarcerated Dad Loses Parental Rights

By Deborah Elkins
Published: November 20, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of appellant’s parental rights for a father who had a long history of substance abuse, had been incarcerated and was unable to maintain stable employment or housing. Appellant’s daughter entered foster care because her mother would not abide by the terms of a protective order to keep her boyfriend, [...]

Back Injury Benefits Denied

By Deborah Elkins
Published: November 20, 2012
Tags: Per Curiam Opinion, Virginia Court of Appeals, Workers' Comp

Due to claimant’s numerous procedural defaults, the Court of Appeals affirms a judgment denying workers’ comp benefits to a claimant who alleged ongoing lumbar and cervical complaints the commission said are not related to a work accident; the court agrees with appellees that claimant failed to comply with numerous procedural rules of this court, and [...]

Husband’s Contribution Weighed for ED Award

By Deborah Elkins
Published: November 19, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

Despite husband’s claim that the trial court did not properly account for his contributions to improvement of the marital residence, the Court of Appeals affirms the court’s equitable distribution award. Husband contends the trial court did not consider the monetary contributions that he made toward the former marital residence and the improvements that he made [...]

Jailed Dad Can’t Derail Adoption

By Deborah Elkins
Published: November 19, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

A father who is serving a 32-year prison sentence for sexual abuse of his biological son cannot overturn a trial court decision allowing another biological child to be adopted by the child’s stepfather who married mother after father was incarcerated; the Court of Appeals affirms the trial court decision granting the petition for adoption. Father [...]

Custody, Support Decision Affirmed After Defaults

By Deborah Elkins
Published: November 9, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

A divorce court decision awarding sole physical and legal custody of the parties’ three children to husband and ordering wife to pay child support, attorney’s fees and a portion of the guardian ad litem fee, is summarily affirmed by the Court of Appeals due to procedural deficiencies in wife’s appeal. Appellant filed her designation and [...]

Court Rejects Attack on Sentencing Order

By Deborah Elkins
Published: November 7, 2012
Tags: Criminal, Per Curiam Opinion, Supreme Court of Virginia

A defendant cannot overturn revocation of his suspended sentence on the ground that the earlier period of suspension had been improperly extended at a previous sentencing for a probation violation in 1998; the Supreme Court of Virginia affirms the judgment of the Court of Appeals, for the reasons stated in its opinion in Dunham v. [...]

Support Obligation Survives Wage Order

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

The Court of Appeals summarily affirms dismissal of father’s motions attacking orders relating to his child support obligation under a 2002 administrative support order: the 2002 administrative wage withholding order limited to past due amounts does not defeat subject matter jurisdiction in later proceedings; father’s remaining arguments are procedurally defaulted for failure to present them [...]

Consent Order Does Not Bar Support Request

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

Although a couple’s consent order provided that it was “pendente lite” and did not “create any presumptive effect in any subsequent child support proceedings,” another provision of the order said either party could seek a modification of the support award based on showing a non-voluntary change in financial circumstances, and the trial court did not [...]