Roberts v. Roberts

586 S.E.2d 290, 41 Va. App. 513, 2003 Va. App. LEXIS 486
CourtCourt of Appeals of Virginia
DecidedSeptember 16, 2003
Docket1230022
StatusPublished
Cited by57 cases

This text of 586 S.E.2d 290 (Roberts v. Roberts) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Roberts, 586 S.E.2d 290, 41 Va. App. 513, 2003 Va. App. LEXIS 486 (Va. Ct. App. 2003).

Opinions

WILLIS, Judge.

On appeal from the termination of his in-person visitation with the parties’ two minor children and the award of sole legal custody to Sonja Knipe Roberts (mother), Jeffrey Scott Roberts (father) contends: 1) that the trial court erred by failing to consider properly “the presumption that parents act in the best interests of their children,” 2) that the trial court’s decision violated his right to free exercise of religion, 3) that Code § 20-124.2 is unconstitutional, 4) that the trial court did not apply Code § 20-124.2 properly, 5) that the trial court denied him due process of law, and 6) that the trial court erred in denying his motion for child support reduction. We affirm the judgment of the trial court.

BACKGROUND

On appeal, we view the evidence in the light most favorable to the party prevailing below, affording to the evidence all inferences reasonably deducible therefrom. See McGuire v. McGuire, 10 Va.App. 248, 250, 391 S.E.2d 344, 346 (1990).

Visitation

So viewed, the evidence disclosed that the parties were married on February 25, 1989 and were divorced by a final decree entered June 24, 1998. Two children were born of the marriage, N. and H., aged twelve and ten years, respectively, at the time of the subject trial court hearing. Following the divorce, the parties returned to court several times concerning [519]*519visitation and support. Mother was awarded physical custody of the children with liberal visitation granted to father. After father moved to North Carolina, the children continued to visit him at the residence he shared with his new wife and her children from a previous marriage. The current action began on December 3, 2001, when mother filed a “Motion to Suspend or Modify Visitation,” alleging that continued visitation between father and the children was not in the children’s best interests.

The children began complaining of physical ailments immediately prior to their having to leave for visitation with father. They were apprehensive about the visits and complained that father threatened them and inflicted corporal punishment upon them. N. testified he and his sister disliked visiting father because they were required to spend much time reading the Bible and doing chores. He testified that father did not allow them to watch television and allowed them no “free time.” Father told the children that mother was a fornicator and adulterer and that she would go to hell. Once, following an incident when the children obeyed mother instead of father, he told them if they died at that time they would go to hell. On another occasion, when they were with father and mother called, father told them “the devil” was calling. N. testified that he no longer mentions his mother in father’s presence, because when he does, father tells him not to call her “Mom” because she is a sinner and that he should call father’s present wife “Mom” because she is “godly.” Following an investigation by the North Carolina Department of Social Services concerning father’s stepchildren, father and his present wife told N. he was a “spy and a master of espionage.” N. testified that he and his sister lived in fear of being punished by father and that father would threaten punishment without explaining what the punishment would be.

Mother testified that N. and H. did not want to visit father. On the days before scheduled visits, they feigned illness or professed to be tired, crying and begging not to go. She testified that they did not perform as well as usual in school immediately before and after visitation. Ordinarily both do [520]*520well academically. After mother unilaterally halted visitation in August, 2001, the children’s dispositions and attitudes improved noticeably. They ceased feigning illnesses and began looking forward to weekends. H., in particular, began doing better in school.

Mother reported that on one occasion when father spanked the children he said he did so because God had commanded it. Father and his present wife insisted the children call him their “godly father.” Father refused to discuss the children’s welfare with mother. In a March 2, 2001 agreed-upon order, father agreed to undergo counseling to improve his parenting skills, but had not done so at the time of the ore tenus hearing.

Denise McAllister testified that she is married to father’s present wife’s first husband, Michael McAllister. She testified that father told Michael McAllister’s children (who live with father and his present wife) that their father had deserted them, that he was not “righteous,” and that they were not supposed to live with “nonbelievers” such as the McAllisters. She testified that father further told the McAllister children that because their natural father was not righteous, he (father) was now their real father. When Michael McAllister confronted father regarding these statements, father accused him of having broken his covenant with God by leaving his family and asserted that as a result, father was “[the McAllister children’s] real daddy.” Father told the McAllister children that mother was a “wicked woman.”

Erin Long, a teacher at the elementary school N. had attended the previous year and where H. was enrolled at the time of the hearing, testified that both children are bright and are good students. She said she repeatedly noticed “a change in N’s personality” when he had to visit his father. Once, father came to her class to speak to N. and N. was visibly uncomfortable, similar to his demeanor on Mondays after visitation.

Dr. Leigh Hagan, a clinical psychologist, met with mother and the children. Hagan testified the children were “distressed” by father’s proselytizing and by his condemnation of [521]*521mother. Hagan explained that H. was particularly at risk of psychological damage due to father’s telling her that women should not strive to accomplish what men accomplish and that women should be subservient to men. He opined that the danger of psychological damage stems not only from father’s teaching these things to the children, but also from the punishments he meted out when they did not obey his teachings.

Father admitted he has told the children that he was disappointed in them and that they had insulted him. He acknowledged that he had accused N. of committing “spiritual adultery” by not reading the Bible when he was told to. He confirmed that he believed mother was living an “ungodly” life. He told the children that their mother had committed adultery and that adultery was ungodly, and that she was a fornicator and ungodly because her fiance lived with her and with the children prior to her marriage to the fiance.

The trial court held that “the only real question [before it] is whether Dr. Roberts’ conduct is such that continued visitation between him and the children is contrary to the children’s best interests.” It concluded that

[e]ven the most well adjusted child in the world ... would have serious problems trying to reconcile the divergent views put forward by Ms. Roberts and Dr. Roberts. When those divergent views are added to the upheaval already existing in these particular children’s lives, the children’s best interests are obviously not being served.

The trial court noted that the parties had previously agreed that the children would live with mother most of the time and that mother should have primary custody. “That being true,” the trial court continued, “Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Peter Augustus Smith v. Justine Delores Smith
2025 WY 128 (Wyoming Supreme Court, 2025)
Vlaming v. West Point School Board
Supreme Court of Virginia, 2023
Talmadge v. Houser
D. Alaska, 2023
Lady Donna Dutchess v. Jason Dutch
Alaska Supreme Court, 2022
Guy R. Joubert v. Courtney R. Herbert
Court of Appeals of Virginia, 2020
Farah Khakee v. David W. Rodenberger
Court of Appeals of Virginia, 2019
Michael Lothar Koss v. Nekea Jenell Brown
Court of Appeals of Virginia, 2013
Murray A Sewell v. Wendy S. Sewell
Court of Appeals of Virginia, 2013
Willie Alvin Patron, Jr. v. Andrea A. Furtado
Court of Appeals of Virginia, 2012
Martha Burks Burton v. Robert Graham Burton
Court of Appeals of Virginia, 2012
Kevin D. Jones v. Brenda F. Moody-Jones
Court of Appeals of Virginia, 2012
Scott Thomas McNamee v. Sharon Jones McNamee
Court of Appeals of Virginia, 2011
In re Custody of Terry
78 Va. Cir. 25 (Henrico County Circuit Court, 2008)
Virginia Polytechnic Institute & State University v. Quesenberry
659 S.E.2d 546 (Court of Appeals of Virginia, 2008)
Rambo v. Commonwealth
658 S.E.2d 688 (Court of Appeals of Virginia, 2008)
Timothy Todd Buch v. Laura Jeanne Buch
Court of Appeals of Virginia, 2008
Barbara J. Livingston v. Theodore G. Nanz
Court of Appeals of Virginia, 2008
James J. D.Ambrosio v. Debra M. Fowler
Court of Appeals of Virginia, 2008

Cite This Page — Counsel Stack

Bluebook (online)
586 S.E.2d 290, 41 Va. App. 513, 2003 Va. App. LEXIS 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-roberts-vactapp-2003.