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William Joseph
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Virginia Divorce Custody Constructive Desertion Lawyers Alimony Fairfax County Prince William
SHIRLEY IRENE KEGLEY MONAHAN v. JOSEPH C. MONAHAN
Supreme Court of Virginia
212 Va. 406
November 29, 1971
The decree awarded custody of the three daughters, then 12, 10, and 4 years of age, respectively, to their grandmother, Edna Kegley, with whom appellant made her home, subject to the conditions that Mrs. Kegley assume personal charge and responsibility for their custody, that the children not be permitted to leave home except in the custody of their grandmother and that the grandmother "not continue or accept outside employment". Appellee, Joseph C. Monahan, was given certain visitation rights and the provision for custody of the children was to continue for a period of one year, subject to "reevaluation". Appellant former wife sought review of the divorce decree of the Circuit Court of Wythe County.
Whether the circuit erred in awarding child custody to the maternal grandmother, denying alimony, and awarding inadequate attorney fees?
The Court observed that there is no evidence that the welfare of the children, which is of primary importance, will suffer if their custody is awarded to appellant. Since she is a fit person, the law favors awarding custody to the mother as the natural custodian of these young girls. Hence the chancellor erred in not awarding appellant custody of her daughters.
The court found that she was entitled to a divorce on the grounds of constructive desertion the chancellor erred in denying alimony to wife. This Court have consistently held that unless the separation leading to divorce was caused by misconduct on the part of the wife her husband is not relieved of his obligation to support her.
The Court states that "The determination of the amount of attorney's fees is a matter within the sound discretion of the chancellor. While the allowance of $200.00 appears small, we cannot say as a matter of law that there was an abuse of discretion."
Conclusion
For the reasons stated, the decree denying appellant custody of her daughters and refusing to allow her a reasonable sum for her support and maintenance is hereby set aside and annulled, and the case is remanded to the trial court with directions that it award custody of the three children to their mother, with reasonable visitation rights reserved to the father, and that it determine a reasonable sum to be awarded appellant for her support and maintenance, plus any necessary and reasonable attorney's fees incurred by her in the further prosecution of this suit.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Lynchburg City, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge.
Mr. Sriskandarajah is a Virginia lawyer who primarily focuses his practice on defending complex criminal cases in federal and state courts, handling complex Virginia divorce cases & immigration cases before the federal courts. He is the owner and CEO of the SRIS Law Group. The law firm has more than 11 offices to serve the clients of the SRIS Law Group. If you wish to contact the SRIS Law Group, please contact us at 888-437-7747. We look forward to helping you.
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