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Child Custody Tazewell Virginia Lawyer Visitation

Child Custody Tazewell Virginia Lawyer Visitation

Walter v. Walter
Facts:

The child at the center of this dispute is a five-year-old girl named X. In 1989, the Tazewell County Juvenile and Domestic Relations Court found that X’s mother was not a fit and proper person to have custody of her. The court awarded custody to the paternal grandparents and the mother was granted alternate weekend visitation, provided that such visitation take place at the Department of Social Services offices “in the actual presence of a social worker. The child’s visitations with her mother had been less than satisfactory. Subsequently the grand parents purchased a retirement home and, together with X, relocated to Columbia, South Carolina. The mother filed a motion with the Tazewell County J&DR Court, which was ultimately heard de novo in circuit court, to retain jurisdiction, to eliminate supervised visitation, to maintain visitation in Virginia, and to hold the grandparents in contempt for interfering with the mother’s visitation rights and for relocating without the court’s prior approval. The court denied the mother’s requests and transferred jurisdiction over all custody and visitation issues concerning the mother’s minor child to the South Carolina courts pursuant to the Uniform Child Custody Jurisdiction Act. Mother appealed the order.

Child Custody Tazewell Virginia Lawyer Visitation

Child Custody Tazewell Virginia Lawyer

Issues:

• Whether the trial court erred in transferring jurisdiction over all custody and visitation issues concerning the child to the South Carolina courts under the Uniform Child Custody Jurisdiction Act?

• Whether the trial court had erred in refusing to hold the grandparents in contempt, and refusing to modify the mother’s visitation privileges?

Discussion:

This court held that in this instance, the circuit court determined that Virginia was no longer the proper jurisdiction for resolving future visitation and custody issues because South Carolina is now the child’s residence. Evidence concerning the child’s future care, welfare, protection, and personal relationships is more readily available and reviewable in the South Carolina courts. The trial court did not err by placing greater emphasis upon the child’s present residence as the most significant controlling factor in deciding which jurisdiction was most convenient and in transferring jurisdiction to South Carolina. This court held that the trial court did not err by refusing to hold the grandparents in contempt. Their move to South Carolina did not violate the terms of the custody and visitation decree, which provides for “visitation to be no more than two times per month.” Furthermore, although the custodial grandparents were required to abide by the visitation provisions, no evidence suggests that they acted “in bad faith or for willful disobedience of [the court's] order. Although an earlier decree had required the visitation to occur at the DSS in Virginia, the most recent decree had removed that requirement and provided only that visitation be “supervised.” Accordingly, even if the grandparents did not strictly adhere to the visitation provisions, the trial court did not err in finding that the mother’s supervised visitation could be continued in South Carolina and in refusing to hold that the grandparents willfully disobeyed the court’s order.

The SRIS Law Group Virginia lawyers will do their best to help you with your child custody/visitation case. Contact a Virginia lawyer from our firm to discuss your child custody/visitation case.

A Virginia lawyer from our firm will talk with you about your child custody/visitation case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg& Lynchburg.

Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Child Custody Virginia Abuse Minor Evidence Attorneys Prince William County

Child Custody Virginia Abuse Minor Evidence Attorneys Prince William County

Bryan v. Jason
Facts:

The father repeatedly battered his child’s mother, who moved into a battered spouse shelter and left the child in the couple’s custody, where he remained for almost two years. Evidence showed that the child thrived in the couple’s care. The father suffered from depression and anxiety and schizoid personality disorders, was unable to hold a job, and was violent. The grandparents could not set limits with the child, who was anxious when with them. The Circuit Court of Prince William County, Virginia, awarded custody of appellant father’s minor child to appellees, an unmarried couple. The father and appellant paternal grandparents sought review.

Child Custody Virginia Abuse Minor Evidence Attorneys Prince William County

Child Custody Virginia Abuse Minor Evidence Attorneys

Issue:
  • Whether custody of the child can be given to the appellees who are unmarried couples?
Discussions:

The appellate court held that these facts supported the trial court’s finding that the father was unfit, and that it was in the child’s best interest to be placed in the couple’s custody. Va. Code Ann. §§ 16.1-241(A) was not unconstitutional for allowing non-parents to win child custody, since there was a compelling state interest in doing so where, as here, the parent was unfit. Visitation and placement of the child until the trial court ruled on the matter did not involve state action and was, therefore, not a violation of due process. The grandparents had no standing to complain of constitutional violations of father’s due process rights.

The SRIS Law Group Virginia lawyers will do their best to help you with your child custody/visitation case. Contact a Virginia lawyer from our firm to discuss your child custody/visitation case. A Virginia lawyer from our firm will talk with you about your child custody/visitation case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Child Custody Virginia Jurisdiction Residence Attorneys Prince William County

Child Custody Virginia Jurisdiction Residence Attorneys Prince William County

Julia v. Catherine
Facts:

The mother and father of the minor child were granted a divorce and custody was awarded to the paternal grandparents in Missouri. The mother was not able to support the child at the time. Later, the Missouri court awarded custody to the mother, who had became a member of the United States Navy. The maternal grandmother, residing in Virginia with the mother, petitioned the juvenile and domestic relations district court for custody.

Child Custody Virginia Jurisdiction Residence Attorneys Prince William County

Child Custody Virginia Jurisdiction Residence Attorneys

Issue:
  • Whether Virginia had jurisdiction to determine custody?
Discussions:

The court declined to rule, stating that jurisdiction was in Missouri. On appeal, both the maternal grandmother and the mother stated their agreement to this arrangement, as the mother was going on a tour of duty at sea. The court reversed the district court, holding that although Missouri had not declined to exercise jurisdiction and Missouri was the home state, under the Parental Kidnapping Prevention Act of 1980, 28 U.S.C.S. § 1738A, the jurisdiction of a court of a state that has made a child custody determination continues only as long as such state remains the residence of the child or of any contestant. Since both the mother and grandmother resided in Virginia, and were the only contestants, Virginia had jurisdiction to determine custody.

The SRIS Law Group Virginia lawyers will do their best to help you with your child custody/visitation case. Contact a Virginia lawyer from our firm to discuss your child custody/visitation case. A Virginia lawyer from our firm will talk with you about your child custody/visitation case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Child Custody Virginia Visitation Rights Lawyers Winchester County

Child Custody Virginia Visitation Rights Lawyers Winchester County

GEE BETH v. ROTHY
Facts:

The child at the center of this dispute is a five-year-old girl named Mary Beth. In 1989, the Tazewell County Juvenile and Domestic Relations Court found that Mary Beth’s mother was not a fit and proper person to have custody of her. The court awarded custody to the paternal grandparents and the mother was granted alternate weekend visitation, provided that such visitation take place at the Department of Social Services offices “in the actual presence of a social worker. The child’s visitations with her mother had been less than satisfactory. Subsequently the grand parents purchased a retirement home and, together with Mary Beth, relocated to Columbia, South Carolina. The mother filed a motion with the Winchester County J&DR Court, which was ultimately heard de novo in circuit court, to retain jurisdiction, to eliminate supervised visitation, to maintain visitation in Virginia, and to hold the grandparents in contempt for interfering with the mother’s visitation rights and for relocating without the court’s prior approval. The court denied the mother’s requests and transferred jurisdiction over all custody and visitation issues concerning the mother’s minor child to the South Carolina courts pursuant to the Uniform Child Custody Jurisdiction Act. Mother appealed the order.

Child Custody Virginia Visitation Rights Lawyers Winchester County

Child Custody Virginia Visitation Rights Lawyers

Issues:
  • Whether the trial court erred in transferring jurisdiction over all custody and visitation issues concerning the child to the South Carolina courts under the Uniform Child Custody Jurisdiction Act?
Discussion:

This court held that in this instance, the circuit court determined that Virginia was no longer the proper jurisdiction for resolving future visitation and custody issues because South Carolina is now the child’s residence. Evidence concerning the child’s future care, welfare, protection, and personal relationships is more readily available and reviewable in the South Carolina courts. The trial court did not err by placing greater emphasis upon the child’s present residence as the most significant controlling factor in deciding which jurisdiction was most convenient and in transferring jurisdiction to South Carolina. This court held that the trial court did not err by refusing to hold the grandparents in contempt. Their move to South Carolina did not violate the terms of the custody and visitation decree, which provides for “visitation to be no more than two times per month.” Furthermore, although the custodial grandparents were required to abide by the visitation provisions, no evidence suggests that they acted “in bad faith or for willful disobedience of [the court's] order Although an earlier decree had required the visitation to occur at the DSS in Virginia, the most recent decree had removed that requirement and provided only that visitation be “supervised.” Accordingly, even if the grandparents did not strictly adhere to the visitation provisions, the trial court did not err in finding that the mother’s supervised visitation could be continued in South Carolina and in refusing to hold that the grandparents willfully disobeyed the court’s order.

The SRIS Law Group Virginia lawyers will do their best to help you with your child custody/visitation case. Contact a Virginia lawyer from our firm to discuss your child custody/visitation case. A Virginia lawyer from our firm will talk with you about your child custody/visitation case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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