Betty Leona (Anderson) (Ritchie) Layne v. Donald Lee Layne
61 Va. App. 32
| Va. Ct. App. | 2012Background
- Mother seeks visitation with her child after separation and divorce proceedings.
- 2006 property settlement included a provision relinquishing parental rights and asserting support related terms.
- Final divorce decree May 10, 2006 incorporated the relinquishment of parental rights.
- In July 2011 mother moves to reinstate the case to establish a visitation schedule.
- Trial court held in September 2011 that mother lacked a legitimate interest to seek visitation because rights were terminated.
- Court later determined the termination was void and remanded to reinstate the case for a hearing on visitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legitimate interest to seek visitation | Layne argues she retains a legitimate interest despite termination. | Layne's termination under the decree terminated all rights and eliminated interest. | Termination void; legitimate interest exists; reversal of denial. |
| Denial of motion to reinstate | Layne should be reinstated to obtain visitation relief. | Trial court discretion to deny reinstatement was proper. | Court erred; must reinstate and grant hearing. |
| Preservation of objections | Objections were preserved on the order. | Rule 5A:18 limitations apply; objections not preserved. | Objections preserved; proper consideration allowed. |
Key Cases Cited
- Church v. Church, 24 Va. App. 502 (1997) (termination procedures must follow statute; jurisdictional and public policy limits)
- Rook v. Rook, 233 Va. 92 (1987) (void judgment when court lacks jurisdiction)
- Lucas v. Biller, 204 Va. 309 (1963) (consent cannot create jurisdiction for termination of parental rights)
- Kelley v. Kelley, 248 Va. 295 (1994) (public policy concerns regarding termination agreements)
- Willis v. Gamez, 20 Va. App. 75 (1995) (compliance with statutory scheme is jurisdictional)