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LYNCHBURG DIV. OF SOCIAL SERVICES v. COOK

Record No. 071964.

666 S.E.2d 361 (2008)

LYNCHBURG DIVISION OF SOCIAL SERVICES v. James COOK, et al.

Supreme Court of Virginia.

September 12, 2008.

Attorney(s) appearing for the Case

George A. Somerville (Susan L. Hartman, Asst. City Atty., Troutman Sanders, on briefs), Richmond, for appellant.

Betsy H. Phillips, Rustburg, for appellees James and Sandra Cook.

Amici Curiae: Local Goverment Attys. of Virginia, Virginia Assn. of Counties, Virginia Municipal League, Michael S.J. Chernau (Phyllis A. Errico, Mark K. Flynn, on brief), in support of appellant.

No brief or argument for appellee Jimmy Cook.

PRESENT: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, AGEE, and GOODWYN, JJ.

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...

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