Lynchburg Div. of Social Services v. Cook

OPINION BY Justice G. STEVEN AGEE.

The Lynchburg Division of Social Services ("LDSS") appeals from the judgment of the Court of Appeals affirming the judgment of the Circuit Court of the City of Lynchburg awarding custody of a minor child to James and Sandra Cook. For the reasons set forth below, we will reverse the judgment of the Court of Appeals.

I. RELEVANT FACTS AND PROCEEDINGS BELOW

A. FACTUAL BACKGROUND

Amy Cook lived in the City of Lynchburg with her husband, Jimmy Cook, and their seventeen-month-old daughter, BC. 2 On March 26, 2004, Amy presented to Lynchburg General Hospital with…