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Family Law

Emancipation immaterial to changing pendente lite order (access required)

Where husband seeks to modify a pendente lite order concerning his child support obligation, the fact that the children are now emancipated does not bar modification. A pendente lite order may be modified at any time while the divorce action ...

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Separations, reconciliations did not nullify postnup agreement (access required)

The parties’ postnuptial agreement was not abrogated by their separations and reconciliations. The circuit court erred by relying on Code § 20-155 to conclude otherwise because the postnuptial agreement was neither a separation agreement nor a property settlement agreement. Overview ...

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Children were properly placed in foster care (access required)

The circuit court properly determined appellant’s children were abused or neglected. Dispositional orders approving the removal and initial foster care plans for appellant’s children are affirmed. Background Appellant and her children, 15-month-old twins, were residents of a shelter. About a ...

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‘Well-settled’ child stays in U.S. over dad’s protest  (access required)

A child whose mother refused to return her to Honduras following their visit to the United States and whose father petitioned for her return, will remain here. The father delayed in filing his petition, and the child is now well-settled. ...

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JDR court’s dismissal on merits was final order (access required)

The circuit court has jurisdiction over this matter concerning a minor child because the JDR’s dismissal on the merits was a final order, thus permitting the circuit court to assume jurisdiction. Final order Initially, the court must decide whether this ...

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Husband remains liable for marital debt despite refinancing (access required)

Where the parties’ property settlement made husband liable for all marital debts, his subsequent loan default and post-marriage refinancing by both husband and wife did not make wife responsible for half of the new loan. Overview During the parties’ marriage, ...

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