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Family Law

CAV: Emotional manipulation forfeited right to confrontation (access required)

By repeatedly violating a no-contact order to guilt his partner into refusing to testify against him, a domestic-abuse defendant forfeited his Sixth Amendment right to exclude her testimonial hearsay statements to law enforcement. Background Appellant Kevin Cody and Rebekka Weingarten ...

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CAV: Retirement balance properly assessed at separation (access required)

Although a retirement account partially containing marital property had a balance of zero by the time of the equitable distribution hearing, the circuit court properly applied the relevant statute in considering the account balance at the time the parties separated. ...

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CAV: Father wrongly excluded from adoption proceedings (access required)

Denying an incarcerated father’s request for transportation to his child’s adoption hearing, without offering him an alternative means to participate, was an abuse of the trial court’s discretion. Background On June 20, 2016, Appellee Shawn B. Foster, joined by his ...

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WDVA: Father must return child to Canada (access required)

A mother successfully petitioned for the return of her eight-year-old son. The parents had joint custody in Canada, but the child’s father unilaterally brought him to Roanoke to protect him from the effects of his mother’s extreme drug abuse. Background ...

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CAV: Divorce decree required splitting kids’ health costs (access required)

The divorcing couple’s property settlement agreement required the parties to split any uncovered medical costs incurred by their children while on their father’s health insurance policy, even if the children were no longer minors. Background Appellant Brian Green and Appellee ...

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CAV: Adoption affirmed, despite parents’ objection (access required)

A young child’s great aunt successfully petitioned to adopt the child, showing that the biological mother’s past violence, drug abuse, and mental health problems demonstrated that she withheld consent against the child’s best interests. Background Appellant Tina Tolley’s child was ...

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Va. Ct. App.: Bifurcated divorce decree was final (access required)

The court of appeals could review a divorce decree that the circuit court had bifurcated from ongoing litigation of spousal support, equitable distribution, and attorneys’ fees due to the 90-year-old husband’s failing health. Background After 54 years of marriage, Husband ...

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Va. Ct. App.: Despite retirement, no spousal support reduction (access required)

A former Secret Service agent must maintain the same support obligation as before he voluntarily retired. Although he had been depleting his savings and relying on his current wife to make payments, his ex-wife’s relative financial situation justified the status ...

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Va. Ct. App.: Inconsistent use of social services supports TPR (access required)

The court found sufficient evidence to support the termination of Appellant Tasheika Deshae Davis’s parental rights as to D., Davis’s minor daughter. Code § 16.1-283(C)(2) provides that, in addition to being in the best interests of the child, termination of ...

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