-- Although this is a case that probably would have turned out the same way under a stricter standard.
ADOPTION OVER OBJECTION – CONSTITUTIONAL STANDARD – NO “DETRIMENT” REQUIREMENT – BEST INTEREST TEST. Just as it took an uncharacteristically short time for Copeland v. Todd, 282 Va. ___, 715 S.E.2d 11 (2011), to be reported in the West’s Advance Sheets, the Virginia Court of Appeals loses no time whatever in applying it. In an unpublished opinion in a case called Eiseman v. Beaudoin, 26 VLW 642 (11/1/11) out of Gloucester County, the Court summarily affirmed a step-parent adoption over the natural father’s objection, expressly applying the new Supreme Court case. The trial court ruled that the adoption was in the best interests and in fact made some extra rulings about “harm” from continuation of the relationship with the natural father. The child was illegitimate, and of course step-parent adoption is governed by a different statute anyway. The child lived with the mother and step-father since 2006. The father steadfastly refused to consent, but in the years 2007 and 2008 he was convicted not only of drug charges, but of felony theft and forgery and driving on suspended license. He had been turning up every year “sporadically” to call and visit the child. The trial court considered all the factors in §63.2-1205 in determining best interest here and the record supports that determination of the requisite nine factual findings. Appellate attorneys’ fees to the mother were denied as the case raised substantial issues and reached the Court of Appeals without unnecessary delay.
