Attorney Brianna Denise Salerno's Legal Cases

Child custody

Custody Battle After Relocation of Husband to Stafford County

Jan 09, 2019

OUTCOME: Prevented Father From Obtaining Primary Physical Custody

Ms. Salerno successfully defended against Father’s claim that Mother should no longer have shared physical custody of the minor children. Father's claim was based on his relocation from Woodbridge to S ... tafford County, Virginia as the parties decided to enroll the children in the Stafford public school system and both were now working full-time (which was not the case at the time of the parties’ divorce). Ms. Salerno argued before the court that Mother had been intending to relocate to Stafford County to be closer to the children, had a work schedule that permitted her to have a week-on/week-off with the children, and that Father’s actions and relocation to Stafford County had been the primary reason Mother had not been able to follow the parties’ week-on/week-off schedule. The court ruled in Mother’s favor by granting her a week-on/week-off custodial schedule with the children upon her relocation to Stafford County and providing her with consistent weekday and weekend custodial time with the children until she relocated to Stafford County. Ms. Salerno was also successful in defending against Father’s claim that he was no longer obligated to pay child support to Mother, as the court ordered Father to continue to pay child support to Mother.

Divorce and separation

Divorce for Husband Whose Wife Had Left the Country

Apr 12, 2018

OUTCOME: Husband Granted a Divorce Based on the Ground of Desertion

Ms. Salerno successfully petitioned the court to award a fault-based divorce (based on the ground of desertion) to Husband. Wife had taken all of her possessions and left to return to China, telling he ... r Husband she would return after her father recovered from an illness. After many months, it became clear to Husband that Wife never intended to return to Virginia and to the parties’ marriage. Husband attempted to contact Wife on a number of occasions, but Wife refused to disclose her location and provide Husband with her contact information. Ms. Salerno was able to obtain an Order of Publication for Wife’s appearance. At the trial, Ms. Salerno successfully argued that the court should provide Husband with the parties’ marital accounts, marital home, marital vehicles, and marital personal property and effects. The court also agreed with Ms. Salerno’s argument that Wife be denied the right to seek spousal support in the future.

Child custody

Custody Battle After Mother Attempted to Relocate With Child

Aug 15, 2016

OUTCOME: Mother Retained Primary Custody and Allowed to Relocate With Child

Ms. Salerno successfully defended Father’s claims (1) that Mother should be enjoined from relocating from Arlington, Virginia to Prince George’s County, Maryland with the minor child and (2) that the p ... arties should have shared physical custody of the minor child. Mother had resided in Prince George’s County, where she owned her own home. Upon the minor child being diagnosed with learning disabilities, Mother though it was in the child’s best interest for Mother and child to be closer to Father in Arlington County as Father indicated he would be active in the child’s life. During the time Mother and child resided near Father, Father had alternating weekends with the child and had limited involvement in the child’s school and Individual Education Plan (IEP) and therapy sessions. This left Mother to be primarily responsible for the minor child’s education and development. When Mother’s Prince George’s residence was vacated by her tenant, she returned to Prince George’s County with the minor child and continued his IEP and therapy sessions given Father’s lack of involvement. The court ruled in Mother’s favor by granting her the ability to relocate with the minor child to Prince George’s County, as Mother had been the primary caregiver for the minor child throughout the child’s life and had an active role in his schooling and treatment plan. The court further ordered that Mother was to remain the primary physical custodian of the child with Father having alternating weekends and weekly dinners with the child.

Child custody

Appeal to Circuit Court of JDR Court Ruling Granting Primary Custody to Father

Aug 01, 2016

OUTCOME: Mother Granted Primary Custody of Child

The Juvenile and Domestic Relations General District Court (JDR) had ordered that Father was to have primary physical custody of the parties' minor child. At the time of the JDR case, Mother and the ch ... ild resided in Pennsylvania and Father resided in Virginia. Mother had always had primarily physical custody of the child with Father having custodial time with the child. Both parties had married and the minor child had half-siblings on his Mother’s side. The JDR Court ruled that Father should have primary physical custody of the child, who would be relocated to Virginia. On appeal, Ms. Salerno successfully defended against Father’s claim that he should have primary physical custody of the minor child. Mother presented evidence that she had cared primarily for the minor child since birth, that he had a stable environment in Pennsylvania, and that the child had significant relationships with his half-siblings, which were suffering due to the child living in Virginia. Mother also presented evidence that the minor child was not doing well in school while living in Virginia and that Father was not actively involved in the child’s schooling (as Mother had been when the child resided with her). The court granted Mother primary physical custody and awarded the Father custodial time once per month, with the parties sharing holidays and summers with the child.

Brianna Denise Salerno's Legal Cases (4)

Custody Battle After Relocation of Husband to Stafford County

Divorce for Husband Whose Wife Had Left the Country

Custody Battle After Mother Attempted to Relocate With Child

Appeal to Circuit Court of JDR Court Ruling Granting Primary Custody to Father