Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: Domestic Relations Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

Although a husband did not prove adultery as a basis for divorce, a wife was not necessary the prevailing party in the proceedings, and even if she were, a fee award (or lack thereof) was within the trial court’s sound ...

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

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 ...

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

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 ...

Tagged with: Constitutional Criminal Evidence Hearsay Judge Robert J. Humphreys Virginia Court of Appeals

The circuit court did not err in denying a mother’s request to continue a hearing to terminate her residual parental rights. She claimed she was unable to get the time off work, though her counsel appeared at the hearing without ...

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

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. ...

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

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 ...

Tagged with: Constitutional Domestic Relations Due Process Family Law Judge Teresa M. Chafin Parental Rights Prisons & Jails Virginia Court of Appeals

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 ...

Tagged with: Criminal Domestic Relations Evidence Judge Glen A. Huff Virginia Court of Appeals

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 ...

Tagged with: Domestic Relations Family Law Judge Rossie D. Alston Jr. Virginia Court of Appeals

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 ...

Tagged with: Domestic Relations Family Law Judge David W. Lannetti Norfolk Circuit Court Parental Rights Virginia Circuit Courts