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Family Law

CAV: Arrest video was admissible at TPR hearing (access required)

The trial court did not err in considering video of the father’s arrest during the termination hearing, or in declining to grant the father more time to remedy conditions requiring continued foster care for his baby daughter. Background B. was ...

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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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CAV: Marginal improvements too late to reverse TPR (access required)

An adoption plan for children who suffered significant abuse and neglect while living with their biological parents will not be disturbed, despite the father’s new employment and substance-free status. Background Appellant Daniel Ray Essenmacher shared two minor children with Tymatha ...

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CAV: Placement with extended family not required (access required)

Termination of parental rights was not plainly wrong, despite the mother’s contention that the Department should have further investigated potential placement of her children with extended family members. Background Following an evidentiary hearing, the circuit court terminated the residual parental ...

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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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