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Supreme Court of Virginia clarifies adoption statute
The Supreme Court of Virginia ruled that a stepmother's adoption can proceed without the biological mother's consent under Va. Code § 63.2-1202.
Parent and child: Parental rights terminated because of mother’s abuse
Where the record showed that the children withstood physical, verbal and emotional abuse while in mother’s care, but had an improved standard of living in foster care, the circuit court was not “plainly wrong” in holding that terminating mother’s parental rights was in the children’s best interest.
Domestic Relations: Court finds that wife abandoned the marriage
Where the parties began living in separate houses, the wife had a very minor role in caring for husband during his terminal illness and wife began a separate romantic and sexual relationship mere months after separating from husband and maintained that relationship for years through his death, the circuit court’s finding that she abandoned the marriage was affirmed.
Domestic Relations: Circuit court properly corrected final decree nunc pro tunc
Where the circuit court found, based on the 2019 transcript, that it had committed a clerical error, and amended the final decree nunc pro tunc to align with the transcript, it did not err.
Parent and child: Mother’s lack of improvement results in termination of her parental rights
Where unstable housing, substance abuse, lack of childcare/supervision and an unsafe home environment were conditions that led to the minor child being placed in foster care, and mother failed to produce any evidence that she substantially remedied any of those conditions, the circuit court’s order terminating her parental rights and approving the goal of adoption was affirmed.
Parent and child: Court allows relocation of minor child to Florida
Where the circuit court expressly considered the Code § 20-124.3 factors when it permitted mother to relocate with the child to Florida, and there is credible evidence supporting its conclusion that the child’s best interests would be served by awarding physical custody to mother, thereby allowing the child to live in Florida, its order was affirmed.
Parent and child: Challenge to settlement proceeds statute fails
Where the court approved a settlement involving a minor and ordered the settlement funds to be held by the court until the child reached the age of majority, and the parents argued they had a fundamental right to manage their child’s settlement proceeds absent a finding of unfitness, this challenge failed. The asserted right is neither fundamental nor specially protected, and the statute survive[...]
Wills and Trusts: Court removes trustee for failing to perform duties
Where the executor failed to administer a trust effectively, as required by the trust instrument and a settlement agreement, the circuit court was well within its right to remove the trustee and appoint a substitute trustee.
Domestic Relations: Husband’s challenge to equitable distribution decision fails
Where the record showed that the trial court properly considered the statutory factors in equitably distributing the property, the trial court did not abuse its discretion by awarding half the value of the two properties to wife.
Domestic Relations: Wife awarded 1/3 of equity in marital home
Where the husband was required to disprove wife’s assertion that their home’s increase in value was attributable to martial contributions, his “general argument that the . . . home increased in value due to ‘the economy’ failed to meet [his] burden” because he failed to prove “what amount of equity in the home was attributable to ‘the economy.’” Accordingly the circuit court di[...]
Domestic Relations: Father’s challenge to support obligation is rejected
Where father argued the circuit court should have ordered that mother’s support obligation apply retroactively to the date he served her with his petition to modify support, but the record did not include allow the documents necessary to allow the appellate court to address this issue, the circuit court’s order was affirmed.
Evidence: Trial court wrongly admitted FaceTime recorded conversation
Where Va. Code § 8.01-420.2 prevents admission of a telephone conversation unless all parties consent, this prohibition applied to a FaceTime audio-video recorded conversation.
Verdicts & Settlements
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
Opinion Digests
- Domestic Relations – Court lacks jurisdiction to annul marriage of decedent
- Criminal- Charges dismissed because of Speedy Trial Act
- Criminal- Driving while DUI conviction is vacated
- Criminal- Physical evidence and DNA ties defendant to crime
- Criminal – Evidence supports firearm possession convictions
- Negligence – High-school athlete’s suit against coach and AD is reinstated
- Search & Seizure – Warrant allowed search of vehicle within curtilage
- Real Property- City of Norfolk enjoined from land
- Tort- School officials dodge suit over adult’s assault of minor child
- Criminal- Evidence supports arson conviction
- Damages- Code § 13.1-1041.1 doesn’t allow for seizure of LLC interests
- Criminal- DUI conviction is reinstated
