Opinion
Record No. 0390-93-2
September 14, 1993
FROM THE CIRCUIT COURT OF KING WILLIAM COUNTY G. DUANE HOLLOWAY, JUDGE.
(B. Elliott Bondurant; Hudson and Bondurant, on brief), for appellants.
(Walter E. Thomas, on brief), for appellee.
Present: Judges Benton, Coleman and Willis.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Gerard W. Tetrault and Jackie Lee Tetrault, his wife, appeal the order of the circuit court granting the adoption of Gerard Tetrault's grandson by Michael Garber, the grandson's stepfather, and denying their petition for adoption. Upon reviewing the record and briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the trial court. Rule 5A:27.
"On appeal, we review the evidence in the light most favorable to the . . . prevailing party. Our function is not to substitute our judgment for that of the trial judge, but to determine if the record contains sufficient credible evidence in support of the judgment from which the appeal is taken." Ward v. Commonwealth, Dep't of Social Servs., 13 Va. App. 144, 148, 408 S.E.2d 921, 923 (1991) (citation omitted). "Where . . . the court hears the evidence ore tenus, its finding is entitled to great weight and will not be disturbed on appeal unless plainly wrong or without evidence to support it." Martin v. Pittsylvania County Dep't of Social Servs., 3 Va. App. 15, 20, 348 S.E.2d 13, 16 (1986).
Both of the child's biological parents are dead. The child's natural father died in 1986, shortly after he and the child's natural mother were divorced. The child's natural mother married Garber in 1988. Three years later she died. The grandfather has maintained contact with the child throughout the years, through visits, calls, and letters.
"The welfare of a child is the guide post in every custody and adoption proceeding." Frye v. Spotte, 4 Va. App. 530, 532, 359 S.E.2d 315, 317 (1987). The trial court expressly found that the child's present and future welfare would be served best by his adoption by Garber. The trial judge found that the child has lived with Garber since August 1988 and considers Garber his father. Garber's own extended family provides additional support, both economic and emotional, for Garber and the child. Although Garber earns a modest income, the trial judge found that income adequate to provide for the child's physical welfare and maintenance. The evidence supports these determinations. They are not plainly wrong. See Lyle v. Eskridge, 14 Va. App. 874, 876, 419 S.E.2d 863, 864 (1992).
Accordingly, we affirm the decision.
Affirmed.