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Tag Archives: Domestic Relations

WDVA: Father must return child to Canada (access required)

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 ...

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CAV: Divorce decree required splitting kids’ health costs (access required)

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 ...

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CAV: Adoption affirmed, despite parents’ objection (access required)

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 ...

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Va. Ct. App.: Bifurcated divorce decree was final (access required)

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 ...

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WDVA: Court abstains in Chinese bride’s support suit (access required)

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 ...

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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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