Lisa M. Roessell v. David L. Bowles and Sherri J. Bowles, 0742172

Child born Aug 2008 to Lisa Roessell (mother) and Troy Brinkley (father); mother left child with her 19-year-old son in Apr 2015 and the child began living with David and Sherri Bowles (petitioners) permanently by Nov 7, 2015.
JDR court awarded legal and physical custody to the Bowleses on Jan 7, 2016; mother was represented and did not appeal that order.
Mother was incarcerated Dec 2015–Oct 2016 after pleading guilty to two felonies in Mar 2016; Bowleses filed for adoption on Jul 5, 2016.
Evidence at the adoption hearing: mother claimed ongoing contact attempts; Bowleses and other witnesses testified mother made minimal contact and left the child in others’ care; child’s counselor and teachers reported significant improvement in the child’s health, behavior, and academics while in the Bowleses’ care.
Trial court found mother’s efforts to assert parental rights were not thwarted by others, that mother was currently unable to assume custody (no stable housing/employment), that the child had bonded with the Bowleses and would be harmed by a custody change, and that mother’s consent was withheld contrary to the child’s best interests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mother’s consent to adoption was withheld contrary to the child’s best interests	Mother: court ignored evidence that Bowleses thwarted her efforts and that she had a high-quality parent-child bond	Bowleses: mother left the child, made minimal contact, was unable to assume custody, and child improved in their care	Court: affirmed — mother withheld consent contrary to best interests
Whether mother’s alleged contact attempts rebut finding of abandonment/withdrawn custody	Mother: she called/texted (including from jail) and tried to see the child at daycare	Bowleses: aside from one June 29, 2016 call, they received no meaningful contact; mother agreed to JDR custody order and did not appeal	Court: credited Bowleses’ testimony and found mother’s efforts insufficient
Whether change of custody would harm child	Mother: preferred to preserve relationship; did not seek to remove child immediately	Bowleses: counselor and teachers testified contact with mother would cause regression; child bonded to them	Court: found change would cause irreparable harm; favored maintaining custody with Bowleses
Standard of review for ore tenus findings	Mother: claims trial court misweighed evidence	Bowleses: ore tenus finding entitled to great weight	Court: applied ore tenus standard and declined to disturb factual findings

Martin v. Pittsylvania Cty. Dep’t of Soc. Servs., 3 Va. App. 15 (1986) (trial court’s ore tenus findings are entitled to great weight)
Copeland v. Todd, 282 Va. 183 (2011) (adoption over a birth parent requires more than showing adoption promotes child’s best interests; broader statutory factors apply)
Malpass v. Morgan, 213 Va. 393 (1973) (discussing standards for adoption contests involving birth parents)
Street v. Street, 25 Va. App. 380 (1997) (factfinder determines witness credibility and may accept or reject testimony)