VIRGINIA DOMESTIC RELATIONS Spring 2013 Syllabus
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1 VIRGINIA DOMESTIC RELATIONS Spring 2013 Syllabus Judge Dennis J. Smith Address: 4110 Chain Bridge Road Fairfax, Virginia Telephone: Required text: Virginia Family Law: Theory, Practice & Forms, Swisher, Diehl & Cottrell (Thomson / West, 2012 Ed.) Case reading is mandatory and students may be required discuss cases. Assigned statute citations and chapters in the required text are not mandatory reading for class sessions but are assigned as reference material to help you understand the issues we will discuss. The material in the text readings may be the basis for a final exam question. The text will also be indispensable if you practice family law in Virginia.
2 January 7, 2013 Marriage, Annulment and Affirmation Reading: Chapters 1 & 2 Boddie v. Conn., 401 U.S. 371 (1971) Zablocki v. Redhail, 434 U.S. 374 (1978) Kleinfield v. Veruki, 7 Va. App. 183 (1988) VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE January 9, 2013 Paternity & Legitimacy Reading: Chapter 13 Stanley v. IL, 405 US 645 (1972) Michael H. v. Gerald D., 491 U.S. 110 (1989) Comm. v. Flaneary, 22 Va.App. 293 (1996) VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE
3 January 14, 2013 Juvenile & Domestic Relations District Court Reading: Chapters 9-2(b) & 10-2(b) Crabtree v. Crabtree, 17 Va.App. 81 (1993) Romine v. Romine, 22 Va.App. 760 (1996) Calfee v. Calfee, 29 Va.App. 88 (1999) VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE January 16, 2013 Abuse & Neglect, Foster Care & Adoption Reading: Chapters 5:8(b), & 14:1 & 14:4-14:18 Lehr v. Robertson, 463 U.S. 248 (1983) Davenport v. Little-Bowser, 269 Va. 546 (2005) FE v. GFM, 35 Va.App. 648 (2001) Gray v. Bourne, 46 Va. App. 11 (2005) VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE
4 January 21, 2013 NO CLASS MLK Day January 23, 2013 Termination Of Parental Rights Reading: Chapters 14:2 & 14:3 Barkey v. Comm., 2 Va.App. 662 (1986) Ferguson v. Stafford DSS, 14 Va.App. 333 (1992) Willis v. Gamez, 20 Va.App. 75 (1995) Lecky v. Reed, 20 Va.App. 306 (1995) Hawks v. Dinwiddie DSS, 25 Va.App. 247 (1997) Richmond DSS v. L.P., 35 Va.App. 573 (2001) Toms v. Hanover DSS, 46 Va. App. 257 (2005) Richmond DSS v. Crawley, 47 Va. App. 572 (2006) VIRGINIA CODE VIRGINIA CODE
5 January 28, 2013 Custody-- Jurisdiction Reading: Chapters 15:4-15:6 Sasson v. Shenhar, 276 Va. 611 (2008) Middleton v. Middleton, 227 Va. 82 (1984) Johnson v. Johnson, 26 Va.App. 135 (1997) Miller-Jenkins v. Miller-Jenkins, 49 Va. App 88 (2006) Prashad v Copeland, 55 Va. App. 247 (2009) 1950 Code of Virginia, as amended VIRGINIA CODE UCCJEA VIRGINIA CODE through VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE January 30, 2013 Custody -- Best Interests Reading: Chapters 15:1-15:3, 15:7-15:13 Brown v. Brown, 218 Va. 196 (1977) Doe v. Doe, 222 Va. 736 (1981) Roe v. Roe, 228 Va. 722 (1985) Piatt v. Piatt, 27 Va.App. 426 (1998) Vissicchio v. Vissicchio, 27 Va.App. 240 (1998) Roberts v. Roberts, 41 Va. App. 513 (2003) VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE :1 VIRGINIA CODE VIRGINIA CODE :1 VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE
6 February 4, 2013 Custody -- Third Parties / Visitation Troxel v. Granville, 530 U.S. 57 (2000) Lawrence v. Texas, 539 U.S. 558 (2003) Bottoms v. Bottoms, 249 Va. 410 (1999) Williams v. Williams, 256 Va. 19 (1998)\ Brown v. Burch, 30 Va.App. 670 (1999) Surles v. Mayer, 48 Va. App. 146 (2006)A Stadter v. Siperko, 52 Va. App. 81 (2008) VIRGINIA CODE 31-1 VIRGINIA CODE 31-8 VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE February 6, 2013 Divorce Procedure & Jurisdiction Reading: Chapter 6 EXCEPT 6:2(g) Williams v. NC, 317 U.S. 287 (1942) (Majority only) Williams v. NC, 325 U.S. 229 (1945) (Majority only) Kulko v. CA, 436 U.S. 84 (1978) Hiles v. Hiles, 164 Va. 131 (1942) State-Planters Bank. v. Comm., 174 Va. 289 (1940) Howe v. Howe, 179 Va. 111 (1942) Blackson v. Blackson, 40 Va.App. 507 (2003) VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE VIRGINIA CODE :1 VIRGINIA CODE VIRGINIA CODE
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