A party petitioning the court without evidence other than their own strong emotions does not mean they are entitled to the decision they believe is right. In this case, the circuit court's decision stood because the parties were unable to prove any harm to the involved child.
In this January 24, 2023, published opinion regarding the case of Regginald Moore and Valerie Moore v. Dominique Joe, the Norfolk Juvenile and Domestic Relations District Court returned the child to the custody of her biological mother, Ms. Joe. The J&DR court heard and denied the custody and visitation actions brought by the child's former foster care custodians, Regginald and Valerie Moore.
Unsatisfied with the child's return, the Moore's appealed. On motion to strike, the Circuit Court for the City of Norfolk found the Moore's failed to present evidence of actual harm to the minor child. The court dismissed the cases. The Moore's then appealed the dismissal of their petitions for custody and visitation of their former foster daughter as they assumed the court erred by excluding Dr. Tirrell’s de bene esse deposition. However, the court ruled the doctor's deposition did not show any harm to the child and would have not changed the outcome. So, the return of the child to the biological parents was affirmed.
All too often, parties are convinced they are right merely because that is how they feel. Rather than file petitions based on emotion it is far better to consult with a family law attorney who can properly advise parties of the law. If you are in the Charlottesville area and have questions, please see us for a consultation.