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Family Law

CAV: Termination upheld, despite mom’s addiction progress (access required)

Despite her negative drug tests and employment, the circuit court did not err in terminating a mother’s parental rights when she still had not obtained stable housing and had made little to no effort to see her children in several ...

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CAV: Husband adequately alleged desertion (access required)

The circuit court erred in finding a husband’s divorce complaint insufficient based on the husband’s apparent acquiescence in the separation. To state a claim for desertion, only the deserting party’s intentions must be adequately pled. Background Husband and Wife were ...

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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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CAV: TPR affirmed for father convicted of mother’s murder (access required)

Any procedural errors in the circuit court’s proceedings to terminate a father’s parental rights were harmless, as ample evidence showed that termination would be in the children’s best interests. Background In 2013, the circuit court issued a protective order prohibiting ...

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CAV: No error in $2,000 monthly support calculation (access required)

On cross-motions to modify an ex-husband’s child support obligations, the trial court did not err in crediting the wife’s testimony over the husband’s as to their respective financial circumstances or in awarding attorney’s fees to the wife. Background Appellant Philip ...

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Va. Cir.: TPR in foster child’s best interest (access required)

A father who had little involvement in his child’s life either before or during his incarceration had not taken any steps necessary to maintain residual parental rights to his 12-year-old son. His decision to remain in solitary confinement while incarcerated ...

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