Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
In Oehl v. Oehl, 221 Va. 618, 272 S.E.2d 441 (1980) the court observed that in proceeding in which Virginia court granted divorced father rights of visitation with his children in the United States, refusal to grant comity to English court’s order limiting father’s access to children to access in England was error, in light of fact that English court had complete jurisdiction, that laws applied by that court and those of Virginia were reasonably comparable, that the court’s order was based on a formal adjudication concerning welfare of the children and that there was no evidence of a subsequent change of conditions.
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
The Court in Middleton v. Middleton, 227 Va. 82, 314 S.E.2d 362 (1984) stated that Virginia courts were not required by the provisions of the Uniform Child Custody Jurisdiction Act to grant comity to custody decree entered by an English court, despite fact that the father was served with the originating summons and granted a full hearing in the English court at which he put in evidence in support of his position, where foreign jurisdiction was obtained by the mother spiriting the child away from his domicile, forcing the father to litigate in England or disregard the foreign proceedings and thereby increased the risk of an unfavorable ruling abroad, and where the child had no conceivable connection with England except for his forced physical presence there.
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
“Putative father, who had never offered any financial or other assistance to child, who had never seen child, expressed desire to see her or made inquiry concerning her health and welfare, whose plans for care of child if father obtained custody were speculative and who was also father of another child as result of illicit relationship with another woman, was an unfit parent to be given custody.” Com. v. Hayes, 215 Va. 49, 205 S.E.2d 644 (1974)
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
“Father, rather than non parent, was entitled to custody of juvenile daughter born out-of-wedlock who was in care of non parent and who had previously been in mother’s custody; deficiencies in father’s support of daughter primarily existed during earlier period when daughter was first born and father was in high school, father was caring and loving parent, father’s family life was appropriate place for daughter, and daughter showed ability to adapt to father’s current family.” Elder v. Evans, 16 Va. App. 60, 427 S.E.2d 745 (1993)
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
The Court in Surles v. Mayer, 628 S.E.2d 563(2006), stated that credible evidence supported conclusion that out-of-wedlock child’s best interests would be served by permitting mother to relocate with child; child was happy, adjusted, and well-settled in her new environment, and was involved in several community activities, all of child’s maternal relatives, with whom she had developed close relationships, resided in state where mother had relocated, child’s allergies no longer troubled her, and benefit of child’s relocation outweighed detriment to her relationship with father.
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
The court in Kogon v. Ulerick, 12 Va. App. 595, 405 S.E.2d 441 (1991) stated that statute giving juvenile and domestic relations courts authority to consider visitation petition brought by grandparents, stepparent or other family members did not confer upon juvenile and domestic relations district courts, and upon circuit courts on appeal, authority and jurisdiction to order visitation with a child by one, who was not currently married to the mother but who had been married to child’s mother when child was born and who was previously thought to be the father, but later determined not to be.
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
The court in Com. Dept. of Social Services, Div. of Child Support Enforcement ex rel., 22 Va. App. 466, 470 S.E.2d 608 (1996) stated that trial court’s determination that joint legal custody was not in child’s best interests was supported by evidence of parents’ lack of communication concerning the child; mother’s sister testified that she served as neutral third party for delivery of child for father’s visitation, and that communication with father was nonexistent during exchanges.
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
In Brown v. Burch, 30 Va. App. 670, 519 S.E.2d 403 (1999) the court stated that record in child custody dispute between mother, on one hand, and stepfather and father, on other, supported finding that 12-year-old child’s best interests were served by granting joint custody to stepfather and father, with stepfather retaining physical custody; although trial court did not find mother unfit, child had continuously lived with stepfather for six years at time of custody hearing, child had excelled in athletics, music, and academics under stepfather’s guidance, child was extraordinarily well-adjusted and displayed marked level of maturity for someone his age, he expressed desire to remain in stepfather’s physical custody, guardian ad litem concurred that this was in child’s best interest, and mental health professional testified that child’s well-being would be adversely affected if court transferred custody to mother.
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
The Court in Surles v. Mayer, 48 Va. App. 146, 628 S.E.2d 563 (2006) stated that Mother’s former boyfriend, who sought visitation with mother’s out-of-wedlock son, was “person with a legitimate interest” under statute permitting individual not a biological parent of a child to petition for visitation with child if individual is a “person with a legitimate interest”; former boyfriend’s relationship with child was functional equivalent of a “former stepparent,” in that he resided in the same household as child for almost three years, while maintaining a relationship with child’s mother similar to that of husband and wife, and, during this time period, former boyfriend served as child’s primary father figure, and he developed a close relationship with child.
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Child Custody Lawyer in Virginia, Maryland Massachusetts
Child Visitation Attorney
“In determining question of welfare of children whose custody is in issue between parents, consideration should be given to fitness of each parent as to age, adaptability to task of caring for the children, ability to control and direct them, and the ages, sex and health of the children, their temporal and moral well-being, as well as environment and circumstances in the proposed home, and influences likely to be exerted upon the children.” Hall v. Hall, 210 Va. 668, 173 S.E.2d 865 (1970)
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