Legal Opinion

Smith v. Pond

Court of Appeals of Virginia

Decided October 6, 1987No. 1215-86PublishedCited by 16 opinions

1Opinion of the Court

Opinion

COLEMAN, J.

Kenneth E. Smith and Georgia Smith appeal the decision of the trial court granting custody of their daughter, Ciara Dawn, to Nancy Pond. The Smiths assert that the trial court erred in finding that they voluntarily relinquished custody of Ciara Dawn, that the record does not establish clear and convincing evidence of special facts and circumstances to justify granting custody to a non-parent, and that custody with the natural parents will serve Ciara’s best interests.

We find from the record that the special facts and circumstances are not sufficient to justify granting…

2Cases cited4 opinions

  1. Bailes v. SoursSupreme Court of Virginia · 1986
  2. Venable v. VenableCourt of Appeals of Virginia · 1986
  3. Judd v. Van HornSupreme Court of Virginia · 1954
  4. Shortridge v. DeelSupreme Court of Virginia · 1983

3Cited by16 opinions

  1. Meldrum v. NovotnySouth Dakota Supreme Court · 2002
  2. Walker v. FaggCourt of Appeals of Virginia · 1991
  3. Barker v. BarkerRichmond County Circuit Court · 1999
  4. Earl Fields v. Hopewell DSSCourt of Appeals of Virginia · 2000
  5. In re Custody of SloanAmherst County Circuit Court · 1991

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