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

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 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 Judge 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

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 ...

Tagged with: Civil Procedure Contract Domestic Relations Family Law Justice S. Bernard Goodwyn Supreme Court of Virginia

The court found sufficient evidence to support the termination of Appellant Tasheika Deshae Davis’s parental rights as to D., Davis’s minor daughter. Code § 16.1-283(C)(2) provides that, in addition to being in the best interests of the child, termination of ...

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