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Present:

Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ.

LUCRETIA PUTNAM COPELAND v. Record No. 100929 OPINION BY JUSTICE DONALD W. LEMONS September 16, 2011

LESLIE TODD FROM THE COURT OF APPEALS OF VIRGINIA In this appeal, we consider whether the Court of Appeals erred when it reversed the judgment of the Circuit Court of Rockingham County and dismissed the petition for adoption filed by Lucretia Putnam Copeland ("Copeland"). I. Facts and Proceedings Below

On April 11, 2003, Leslie Renee Todd ("Todd") gave birth to a female child who is the subject of this petition for adoption. At the time, Todd was incarcerated at Rockingham County Regional Jail for felony shoplifting and contempt of court. The name of

the child's father does not appear on the birth certificate, and his identity is unknown. Todd's relatives were not prepared to

take her newborn baby, and Todd agreed that Linda Guenther ("Guenther"), who worked as a minister to inmates at the jail, and Guenther's friend, Copeland, would take temporary custody of the child until Todd was released from incarceration. On July 21, 2003, the Rockingham County Juvenile and Domestic Relations District Court (the "J&DR court") entered an order granting Guenther and Copeland "legal and physical custody, subject to [Todd's] visitation at the discretion of

. . . Guenther and . . . Copeland."

Guenther and Copeland took

the baby to visit Todd while she was incarcerated, usually on a weekly basis. Although Guenther and Copeland both cared for the

baby during the first year, Copeland eventually became the baby's primary physical custodian. After Todd was released in September 2003, Copeland, Guenther, and Todd all agreed that Todd could not take care of the child due to her housing and financial situation. However,

both Guenther and Copeland encouraged Todd to spend time with the child, and they facilitated visits by providing transportation for Todd. April 2005. Todd saw the child frequently through

During this period, the child lived exclusively Todd never offered financial support nor asked

with Copeland.

that the child be returned to her. Beginning in April 2005, Todd's contact with the child began to wane. Between that time and June 2006, Todd only had contact with the child three times through two telephone calls and one chance encounter at a department store parking lot. Between July 2006 and July 2007, Todd neither contacted nor visited the child. On June 21, 2007, Copeland met Todd at a local church and asked Todd for her consent to adopt the child. At that meeting,

Todd refused Copeland's request, and she asked to see the child.

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Copeland agreed, and Todd visited with the child for approximately thirty minutes at Copeland's home. After that visit, Todd asked that she be allowed to visit the child more frequently. However, Copeland, upon the advice In response, Todd

of an attorney, refused further visitation.

sought and received court-ordered visitation with the child from the J&DR court. The J&DR court appointed the Center for

Marriage and Family Counseling (the "CMFC"), a private, non-profit counseling agency, to help set up a visitation plan for Todd and the child. On November 26, 2007, Copeland filed a petition in the circuit court to adopt the child "without the consent of [Todd] pursuant to [Code

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