Court of Appeals of Virginia.https://leagle.com/images/logo.png
June 21, 1994.
June 21, 1994.
Attorney(s) appearing for the Case
Donald K. Butler, Richmond (Player B. Michelson, Stephen B. Pershing, Richmond, William B. Rubenstein, Ruth E. Harlow, Marc E. Elovitz, New York City, Morano, Colan & Butler, Richmond, on briefs), for appellant.
R.R. Ryder, Richmond, for appellee.
Amici Curiae: American Academy of Child and Adolescent Psychiatry, American Psychological Ass'n, Nat. Ass'n of Social Workers, Inc., and VA Chapter of Nat. Ass'n of Social Workers, Inc. (Carolyn F. Corwin, Christopher A. Crain, E. Gary Spitko, Washington, DC, Steven W. Bricker, Richmond, Covington & Burling, Washington, DC, Bricker & Associates, Richmond, on brief), for appellant.
Amicus Curiae: American Academy of Matrimonial Lawyers (Lawrence D. Diehl, Hopewell, Cynthia L. Greene, Melvyn B. Frumkes, Elser, Greene & Hodor, Melvyn B. Frumkes & Associates, Miami, FL, on brief), for appellant.
Amici Curiae: Nat. Center for Lesbian Rights, Lambda Legal Defense and Educ. Fund, Inc., Gay and Lesbian Advocates and Defenders, Nat. Lesbian and Gay Law Ass'n, Bay Area Lawyers for Individual Freedom, NOW Legal Defense and Educ. Fund, Women's Law Project, and Northwest Women's Law Center (Abby Abinanti, Elizabeth Hendrickson, San Francisco, Paula Ettelbrick, New York City, Rachel Bernstein, Paula Brantner, Catherine Steane, San Francisco, Shannon Minter, Pia J. North, Richmond, on brief), for appellant.
Present: MOON, C.J., and COLEMAN and ELDER, JJ.
Court of Appeals of Virginia.
COLEMAN, Judge.
In this child custody appeal, we find the evidence insufficient to support the trial court's decision to remove custody of a three-year-old child from his natural parent, the mother, and to grant custody to a third party, the child's maternal grandmother. As in all child custody cases, we are governed by the constant that a child's best interest controls. A child's best interest is presumed to be served...
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