Bottoms v. Bottoms
Virginia Supreme Court
249 Va. 410, 457 S.E.2d 102 (1995)
- Written by Deanna Curl, JD
Facts
In March 1993, Pamela Bottoms (the grandmother) (plaintiff) filed a petition in juvenile court seeking custody of her grandson who was born in July 1991. At the time the petition was filed, the child spent approximately 70 percent of his time with the grandmother and the remainder of his time with his mother (defendant). The mother was briefly married to the child’s father, but they separated before the child was born. The father had expressed little interest in the child and did not pay child support. Two months before the grandmother filed the petition, the mother revealed that she was living with a woman named April Wade and engaged in a lesbian relationship with Wade. The juvenile court ultimately awarded custody of the child to the grandmother. After custody was transferred to the grandmother, there was a dispute over visitation, and Wade indicated that she “might end up killing somebody.” Wade also admitted to striking the child on one occasion. The mother appealed the juvenile court order, and the trial court affirmed. The mother again appealed, and the court of appeals reversed the lower court order that granted custody to the grandmother. The grandmother then appealed the judgment of the court of appeals.
Rule of Law
Issue
Holding and Reasoning (Compton, J.)
Dissent (Keenan, J.)
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