Overturning a Child Custody or Divorce Case

Written by our divorce lawyers in Virginia Beach

When is it possible to overturn a Circuit Court in a child custody or divorce case? The matter of Rubino v. Rubino (64 Va. App. 256 (2015)), which arose out the City of Virginia Beach, illustrates such a time.

In that case, the father was an officer in the United States Navy.  Father received orders from the Navy to begin a two-year tour in Bahrain. Father chose Bahrain because he could bring his family. Wife then refused to go with Father. The court entered a temporary order allowing Mother to return to Allentown, Pennsylvania (her hometown) with physical custody of the children.

When Father returned from Bahrain, the Court awarded him primary physical custody of the children unless mother relocated to Virginia Beach. When rendering its decision, the Circuit Court relied upon the Virginia Military Parents Equal Protection Act.

On appeal, this decision was overturned and remanded because the Act did not apply for multiple reasons, meaning that the Circuit Court abused its discretion by considering and affording an inapplicable statute significant weight in its custody determination.

It is rare that a custody decision is overturned, but it is possible. Of course, it is always better to be the parent that gets a good decision at the Circuit Court level.

For more than a decade, our child custody lawyers have handled military and civilian divorces and child custody cases in courts including Virginia Beach, Norfolk, Chesapeake, and Portsmouth.

If you are searching for experienced child custody lawyers or divorce lawyers with proven results, please call us at (757) 432-2500 or use our online form below.

Divorce lawyers in Virginia Beach serving Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads.