Virginia Lawyers Weekly VA Lawyers Weekly

A mother’s petition to change her minor child’s name by replacing her maiden name with the stepfather’s surname, while retaining the natural father’s surname, is approved. The change serves the child’s best interests because she is in therapy to deal ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

Where a husband purchased a home in Washington state with his former high-school girlfriend in March 2016, which was several months before he left the marital residence in July 2016, the circuit court did not abuse its discretion in granting ...

Tagged with: Domestic Relations Judge James W. Haley Jr. Virginia Court of Appeals

Because the father did not challenge the circuit court’s alternative basis for terminating his parental rights, meaning  those rights would remain terminated even if he prevailed on the issue he was appealing, the appellate court affirmed the lower court’s decision. ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

The father’s failure to comply with the Department of Social Services requirements for counseling and the therapist’s recommendations supported the circuit court’s decision that he was not prepared to care for his child, who suffered from numerous medical conditions. Background ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

After a divorcing couple reached an agreement about division of assets, a dispute arose over distribution of an IRA, refund of escrow fees and attorney’s fees. The court held the parties’ agreement, in which said they had resolved “all issues ...

Tagged with: Domestic Relations Judge Teresa M. Chafin Virginia Court of Appeals

Although the divorce statute allows a court to make an award of spousal support or equitable distribution, the court found there is no authority under statute to make an award of “equitable restitution,” and it vacated the $150,000 “equitable restitution” ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

A husband’s claim that the circuit court erred by finding he gifted contested property to his sons was rejected, as the appellate court said the lower court never made that finding but had concluded only that the husband had divested ...

Tagged with: Domestic Relations Judge Mary B. Malveaux Virginia Court of Appeals

Rejecting a mother’s argument that the circuit court erred in finding her children were abused or neglected, the court said the totality of the evidence, which included a video interview of the minor who claimed to have been sexually abused; ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

Where a mother failed to substantially comply with goals set out for her in a foster care plan, did not secure independent housing or find employment, the court’s termination of her parental rights was upheld. Background In March 2015, child ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

A husband presented no evidence or legal authority to prove his wife’s 1987 divorce in Peru was not final when he married her in 1988. The Virginia court did not err in granting the wife a divorce. Background Wife’s previous ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals