The Detriment Requirement

The Detriment Requirement

When Section 63.2-1205 was enacted in 1995, it included language requiring the trial court to consider whether failure to grant the Petition for Adoption would be detrimental to the child.  In 2006, the General Assembly removed this language from the statute, and substituted for it the requirement that the court determine whether consent is withheld contrary to the best interests of the child.

In the case appealed from in Copeland v. Todd, the Court of Appeals held that the trial court must “consider whether a continuing relationship between Todd and the child would be detrimental to the child’s welfare.”  But the Supreme Court pointed out that the eight standards of proof were not changed, and concluded that the concept of detriment is included within the eight standards, and within the meaning of best interests as used in the statute, and that therefore it is not required to prove detriment to the child as a separate requirement in addition to the eight listed factors.

See also Grant v. Jones, Court of Appeals Record Number 1888-16-2 (2017) for the same proposition.

John Irving brings a deep practical understanding of all aspects of the legal process to every case or client, thanks to his extensive and varied legal background. In 1997, John earned his bachelor's degree in criminal justice. Shortly after graduating, he began working as a fraud investigator for the City of New York. John handled thousands of cases related to welfare and housing fraud. He was later recruited and employed by the Prince William County Police Department, where he demonstrated superior skills and received several commendations and awards.

    For An Evaluation Of Your Legal Matter Call Or Email Us Below


    Disclaimer: Contacting us using the website's forms and phone does not create an attorney-client relationship.

    Categories

    Go to Top