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Tag Archives: Domestic Relations

CAV: Financial statements admitted as party-adopted (access required)

The trial court properly admitted retirement account statements that were effectively adopted by the wife in a divorce proceeding, subsequently using the balances on those statements to determine equitable distribution. Background Diane Gaspa appeals an equitable distribution award, arguing that ...

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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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Va. Court of Appeals: School payments were waste of marital assets (access required)

In a divorce action, the court affirmed an equitable distribution that offset the husband’s share by the amount he independently spent on college tuition for the divorcing couple’s adult son. The husband was unable to overcome the marital presumption attaching ...

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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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Assisted-conception law unconstitutional (access required)

Virginia’s assisted-conception statute, which creates a presumption that a gestational mother’s husband is the father of the conceived child, is unconstitutional as written because it provides parental rights to husbands but not wives, the court held. In 2006, Plaintiff Valerie ...

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Va. Circuit Courts: Assisted-conception law unconstitutional (access required)

Virginia’s assisted-conception statute, which creates a presumption that a gestational mother’s husband is the father of the conceived child, is unconstitutional as written because it provides parental rights to husbands but not wives, the court held. In 2006, Plaintiff Valerie ...

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