Gregory v. Martin (U)

The circuit court applied the wrong standard in finding that a mother withheld her consent contrary to the child’s best interests and in denying her motion to amend visitation.

Mother asked for “some type of visitation” to “reestablish a relationship” with daughter. But the circuit court didn’t consider the statutory factors through the lens of whether “some type of visitation” was in the best interest of her daughter. Rather, the circuit court focused on the length of time that Mother was separated from daughter, despite the fact that Mother had been trying to contact her daughter since her incarceration and had sought visitation immediately upon her release.

Reversed and remanded.

Gregory v. Martin (U), No. 0455-18-3, Nov. 6, 2018. CAV (per curiam) from Pulaski (Finch).

Categories: Court of Appeals of Virginia, Opinions, Unpublished


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