In the case of Denise v. Turner, the Virginia Court of Appeals ruled that the trial court did not err in finding that a material change in circumstances had occurred and in finding it in the child’s best interests to award physical custody to father where the child had previously resided with the grandfather after the mother's death and with the consent of the father pursuant to an order of an out of state court.. The Virginia Court of Appeals also ruled that the trial court did not err in upholding the trial court's order that the father had to still share joint legal custody. Father argued that the court failed to apply the standard set forth in United States Supreme Court case, Troxel v. Granville. The Court of Appeals ruled that the best interests standard and not the Troxel standard applied because father had agreed to the child living with the grandfather previously.
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