Virginia Code

Va. Code Ann. § 20-81 (2026)

Presumptions as to desertion and abandonment

✓ current as of May 2026

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Proof of desertion or of neglect of spouse, child or children by any person shall be prima facie evidence that such desertion or neglect is willful; and proof that a person has left his or her spouse, or his or her child or children in destitute or necessitous circumstances, or has contributed nothing to their support for a period of thirty days prior or subsequent either or both to his or her departure, shall constitute prima facie evidence of an intention to abandon such family.

Code 1919, § 1941; 1918, p. 761; 1922, p. 846; 1974, c. 464.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2007–2022 · leading case: Williams v. Commonwealth, 706 S.E.2d 530 (Va. Ct. App. 2011).

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Williams v. Commonwealth, 706 S.E.2d 530 (Va. Ct. App. 2011). · cites it 2× “Although appellant does not argue that the Commonwealth failed to prove his intent to desert or neglect his children, we note that Code § 20-81 provides: *766 Proof of desertion or of neglect of spouse, child or children by any person shall be prima facie evidence that such…”

Ipsen v. Moxley, 642 S.E.2d 798 (Va. Ct. App. 2007). · cites it 2× “…Bryson, Bryson on Virginia Civil Procedure 96 n. 194 (3d ed. 1997). 11 . See Code § 16.1-241; Code §§ 20-61 to 20-67; Code § 20-81; Code §§ 20-88.32 to 20-88.82; Code § 20-79; Code § 20-103; Code *569 § 20-107.1; Code § 20-107.2; Code § 20-108; Code § 20-109; Code § 20-109.1;…”

D.B. v. Bedford Cnty. Sch. Bd., 708 F. Supp. 2d 564 (W.D. Va. 2010). “Code § 20-81 (effective July 7, 2009, superseding 8 Va.”

Bills v. Virginia Dep't of Educ. (W.D. Va. 2022). “Code§20-81- 210, provides the procedure. That code section provides for an impartial due process hearing to resolve disputes regarding a child’s special education needs.”

The City of Bristol, Tennessee v. The City of Bristol, Virginia (W.D. Va. 2022). “Code § 20-81 - 140(10). Read along with the enforcement section, that means the Attorney General has the authority to institute civil actions in the name of the Commonwealth for conduct that may involve the nuisances, Va.”

Campbell Cnty. v. Royal (Va. 2012). “" 9 VAC § 20-81- 40(D). In addition to obtaining a permit, an owner or operator of a solid waste management facility is required to provide "financial assurance" for the "closure, post-closure care and corrective action at [such facility.”

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