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Tag Archives: Family Law

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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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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CAV: Inconsistent use of social services supports TPR (access required)

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 ...

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Va. Cir. Ct.: Nonparent Seeking Custody Must Show Harm to Child if Not Granted (access required)

R.H., a 9-year-old girl, had lived her entire life with her mother and maternal grandmother, in her grandmother’s spacious home. R.H. was in good health and well-adjusted, with no developmental delays. R.H.’s father, who currently lives in a one-bedroom home ...

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Path to getting court to seal record not always clear


By Erik Baines Statutes and the common law govern the court’s authority to seal (or sequester) its re­cord. See generally Shenandoah Pub. House, Inc. v. Fanning, 235 Va. 25 (1988). The common law has long-recognized a public right to access ...

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Third-party custody and visitation present challenges


By Melissa VanZile Third-party custody and visita­tion are among the more chal­lenging custody issues for family law practitioners and courts, as they involve people who may not be a child’s parent but a per­son who has usually played an ac­tive role ...

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Cohabitation in a relationship analogous to marriage


By Irene C. Delcamp When seeking a modifica­tion of spousal support, one goal for payor former spouses may be proving that the other party is cohabiting in a rela­tionship analogous to a marriage for over one year. For the practi­tioner, this ...

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