A mother successfully petitioned for the return of her eight-year-old son. The parents had joint custody in Canada, but the child’s father unilaterally brought him to Roanoke to protect him from the effects of his mother’s extreme drug abuse. Background ...

Tagged with: Custody Domestic Relations Family Law International Law Judge Michael F. Urbanski U.S. District Court - Western District

The divorcing couple’s property settlement agreement required the parties to split any uncovered medical costs incurred by their children while on their father’s health insurance policy, even if the children were no longer minors. Background Appellant Brian Green and Appellee ...

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

A young child’s great aunt successfully petitioned to adopt the child, showing that the biological mother’s past violence, drug abuse, and mental health problems demonstrated that she withheld consent against the child’s best interests. Background Appellant Tina Tolley’s child was ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Parental Rights Virginia Court of Appeals

The court of appeals could review a divorce decree that the circuit court had bifurcated from ongoing litigation of spousal support, equitable distribution, and attorneys’ fees due to the 90-year-old husband’s failing health. Background After 54 years of marriage, Husband ...

Tagged with: Attorneys Fees Civil Practice Civil Procedure Domestic Relations Family Law Judge Robert J. Humphreys Virginia Court of Appeals

The court was constrained to abstain from claims by a lawful permanent resident, in divorce proceedings with her estranged American husband, who sought to enforce the Affidavit of Support her husband had executed when they married pursuant to the Immigration ...

Tagged with: Civil Procedure Contract Domestic Relations Judge Glen E. Conrad U.S. District Court - Western District

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 ...

Tagged with: Domestic Relations Evidence Family Law Judge Richard Y. AtLee Jr. Virginia Court of Appeals

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 ...

Tagged with: Domestic Relations Evidence Family Law Justice Teresa M. Chafin Parental Rights Virginia Court of Appeals

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 ...

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

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 ...

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

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 ...

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