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Tag Archives: Family Law

Va. Cir.: Marital agreement not procured by fraud (access required)

Because a wife executed a property settlement agreement with her husband after deliberate negotiations, with assistance from a mediator and a Navy JAG officer, and without relying on any misrepresentations, her waiver of any share in her husband’s pension was ...

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CAV: Psychological report admission was harmless error (access required)

Even if the circuit court erred in admitting a psychological evaluation that had not been considered by the Juvenile & Domestic Relations Court, the totality of evidence supporting termination of parental rights made any such error harmless. Background In 2003, ...

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CAV: Father didn’t protect child from mother’s mental problems (access required)

The trial court didn’t err in terminating a father’s parental rights based in part on his responses to the child’s mother’s psychological problems, either abandoning the child with the mother during stressful moments or expecting the child to “get used ...

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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: 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: 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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