• The information provided on this web blog is public information and is not individualized legal advice. Do not take any legal action on any information contained in this blog!!! Always consulting with an attorney in your state about your legal issues. The presentation of information on this blog does not establish any form of attorney-client relationship with my firm or with me. While I have attempted to maintain the information on this blog as accurately as possible, this information may contain errors or omissions, for which I disclaim any liability. Case law from other jurisdictions discussed here are discussed for comparative purposes only. The author is licensed to practice only in the Commonwealth of Virginia and not in any other state. Despite the foregoing, this material could be considered to be ADVERTISING MATERIAL. The responsible party for this blog is Robert R. Hagy, II Esq., an attorney licensed to practice law in Virginia, of the Law Offices of Rob Hagy, P.C., whose address is 154 Hansen Rd., Suite 202-B, Charlottesville, Virginia 22911.

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    Lack of Engagement, Lack of Follow Through and More and More Drugs, lead to Termination of Parental Rights.

    Out of Chesterfield County comes this Appeal of a Termination of Parental Rights case. 

    In Cannon v. Chesterfield-Colonial Heights Department of Social Services, father appeals the Termination of Rights ruling from the Circuit Court of Chesterfield County because his motion for continuance (due to a change in his attorney three months prior) on the last day of trial was denied. Of mention, father had previously appealed the JDR termination ruling to Circuit Court. 

    “The decision of whether to grant a continuance is committed to the discretion of the trial court. We will reverse ‘a trial court’s ruling on a motion for a continuance . . . only upon a showing of abuse of discretion and resulting prejudice to the movant.’” Shah v. Shah, 70 Va. App. 588, 593 (2019) (alteration in original) (quoting Haugen v. Shenandoah Valley Dep’t of Soc. Servs., 274 Va. 27, 34 (2007)).

    "Father contends that the circuit court abused its discretion by denying his motion for a continuance. We disagree".

    The 2 minor children, both born into addiction, now have the opportunity to live healthy and productive lives without the interference of drugs. Again, the DSS does the hard but necessary thing and takes these very young children out of a no-win situation. A 15-month-old experiences withdrawal for 4 months! If ever you have seen a drug addicted baby in the NICU, it is a sight you do not forget. 

    "When S.C. first entered foster care, she was fourteen months old and weighed only fifteen pounds. While in foster care, S.C. steadily gained weight, reaching 25.8 pounds by the time of the circuit court hearing. S.C. also completed feeding and speech therapy and was “a very active and busy little girl” according to her foster mother. D.C. experienced withdrawal symptoms for four months after being born substance exposed, however during the circuit court hearing, both children were described as “developmentally on target.”

    While the appeal was denied based on appropriate legal merits, what was not denied was a chance at life for the 2 minor children who did not have the ability to detox or thrive on their own. This is another case where the best interests of the children prevail. 

    If need assistance with your divorce, or if you have questions about appeals or attorneys fees, please feel free to call us at (434)293-4562 or email us at [email protected]. Or, you can visit us online at www.charlovilttesledivorceattorney.com.- Rob Hagy 


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    Important Laws Affecting Family Law Matters

    • Virginia Code Section 20-107.3
      This provision of Virginia law governs the manner and rules for dividing martial property upon divorce.
    • Virginia Code Section 20-108.2
      This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.
    • Virginia Code Section 20-124.3
      This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.

    Child Support Calculator