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Legal Opinion

Fitzwater v. Shell

Shenandoah County Circuit Court

Decided February 17, 1983No. Case No. Chancery 2031Published

1Opinion of the Court

By JUDGE HENRY H. WHITING

The Court must resolve the issue of custody between a natural mother and the maternal grandparents in this case. Evidence was heard ore tenus on Saturday, December 11, 1982, beginning at shortly after 9:00 AM and ending at 7:25 PM, with an hour off for lunch. By the Court's calculation, twenty-three witnesses were heard for the maternal grandparents and nine for the mother.

All parties agreed that the maternal grandparents had the burden of proof and their evidence was heard first. At the conclusion of their evidence, a motion to strike was made on the ground that the…

2Cases cited15 opinions

  1. Judd v. Van HornSupreme Court of Virginia · 1954
  2. Wilkerson v. WilkersonSupreme Court of Virginia · 1973
  3. Forbes v. HaneySupreme Court of Virginia · 1963
  4. Walker v. BrooksSupreme Court of Virginia · 1962
  5. Merritt v. SwimleySupreme Court of Virginia · 1886

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