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Family Law

SCV: Ruling in pending action no basis for res judicata (access required)

A circuit court’s decision was not grounds for res judicata in a separate action, when the earlier matter remained pending on the court’s docket and contained no other language indicating it was a final decision on the merits. Background In ...

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CAV: 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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Va. Cir. Ct.: Nonparent Seeking Custody Must Show Harm to Child if Not Granted (access required)

R.H., a 9-year-old girl, had lived her entire life with her mother and maternal grandmother, in her grandmother’s spacious home. R.H. was in good health and well-adjusted, with no developmental delays. R.H.’s father, who currently lives in a one-bedroom home ...

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Va. Cir. Ct.: Court Retains Jurisdiction of Child-Custody Dispute (access required)

Despite the mother’s relocation to North Carolina, jurisdiction over divorcing parties’ child-custody dispute will remain in Virginia. After Plaintiff Devin Lipps (husband) and Defendant Amanda Lipps (wife) separated, wife moved to North Carolina with the couple’s minor child. In June ...

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Constitutional – Custody and Visitation – Fair Trial (access required)

Higgins v. Pearce (VLW No. 017-7-284, 11 pp.) (Alston, J) Appealed from Henrico County Circuit Court (Harris, J.) Va. App. Unpub. Holding:  Appellant parent challenges the trial court’s award of custody and visitation, contending that the court committed constitutional and ...

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Adoption – Preservation of Issue for Appeal – Petition to Set Aside Adoption (access required)

Castillo v. Bell (VLW No. 017-7-273, 4pp.) Record No. 0859-17-3. (Per Curiam, unpublished) Appealed from the Circuit Court of Rockbridge County (Filson, J.) Holding: Where the appellant-biological mother endorsed a final adoption order as “Seen and objected to” without further ...

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Rights Terminated for Drug Abuse, Family Violence (access required)

The Court of Appeals upholds termi­nation of a mother and father’s parental rights to two of their four young children, due to their inability to remedy issues concerning substance abuse, domestic vi­olence, inadequate shelter and parenting and supervisory skills. Mother ...

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