Larry Elrod, III v. Anastasia Alexander and Michael Alexander
1892162
| Va. Ct. App. | Jun 13, 2017Background
- Biological parents: Anastasia Alexander and Larry Elrod III; two children born 2012 and 2013. Parents were unmarried.
- Elrod left the family when the older child was ~1½ and had minimal contact thereafter; one brief meeting in Feb 2014; no meaningful relationship with the younger child.
- Elrod was arrested in March 2014 on felony charges involving drugs and endangering children and was incarcerated with a projected release in 2018.
- Anastasia married Michael Alexander in Nov 2014; Michael has acted as the children’s father and seeks step-parent adoption; Anastasia consents to the adoption.
- Petition for step-parent adoption filed March 3, 2016; Elrod did not consent. The circuit court found Elrod’s withheld consent contrary to the children’s best interests and approved the adoption; Elrod appealed.
Issues
| Issue | Plaintiff's Argument (Elrod) | Defendant's Argument (Alexanders) | Held |
|---|---|---|---|
| Whether the trial court erred by not expressly finding that continued relationship with Elrod would be detrimental | Trial court failed to make a specific detrimental-relationship finding | Argument not necessary; court considered relevant factors under statute | Not considered on appeal—argument raised for first time; court refused to consider it |
| Whether Elrod’s withheld consent was contrary to the children’s best interests under Code § 63.2-1205 | Elrod contended the evidence did not support statutory factors and thus his consent was not properly found to be withheld contrary to best interests | Alexanders presented evidence on statutory factors: Elrod made no custody filings, had limited contact/support, was incarcerated and unable to care for children, Michael acted as father | Court affirmed: sufficient evidence supported finding that withholding consent was contrary to children’s best interests and adoption was appropriate |
Key Cases Cited
- Martin v. Pittsylvania Cty. Dep’t of Soc. Servs., 3 Va. App. 15 (1986) (trial court’s ore tenus factfinding entitled to great weight)
- Ohree v. Commonwealth, 26 Va. App. 299 (1998) (appellate courts will not consider arguments not presented to the trial court)
- Copeland v. Todd, 282 Va. 183 (2011) (adoption over a birth parent’s objection requires more than a simple best-interests finding; statutory analysis required)
- Malpass v. Morgan, 213 Va. 393 (1972) (adoption standards and principles referenced in statutory context)