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Parental Rights

Mar 12, 2018

CAV: Marginal improvements too late to reverse TPR

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 Ayers. The family initially lived in Michigan, where both adults came under investigation for allegations [&helli[...]

Mar 12, 2018

CAV: Placement with extended family not 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 rights of Appellant Carolyn Lane-Alvis for two of her three children. At the hearing, Charity [&h[...]

Feb 27, 2018

CAV: Inconsistent use of social services supports TPR

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 parental rights requires that (1) services were offered to help the parent remedy the conditions […]

Feb 16, 2018

Va. Ct. App.: Despite improvements, parental rights terminated

The court of appeals upheld a decision to terminate the parental rights of Appellants Bettina and Daniel Dorr as to their autistic young son. The Dorrs are biological parents to D., born in 2012. Responding to a complaint in 2013, Child Protective Services found that their house smelled like urine and feces. The family’s five […]

Jan 23, 2018

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

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 with his wife and two other children, is also in good physical and mental health. […]

Jan 8, 2018

Va. Cir. Ct.: Court Retains Jurisdiction of Child-Custody Dispute

Despite the mother’s relocation to North Carolina, jurisdiction over divorcing parties’ child-custody dispute will remain in Virginia. After Plaintiff Devin Lipps (husband) and Defendant Amanda Lipps (wife) separated, wife moved to North Carolina with the couple’s minor child. In June 2017, wife asked husband to come get their child because she had lost her job […]

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