Definitions.
As used in this chapter:
"Joint custody" means (i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child's primary residence may be with only one parent, (ii) joint physical custody where both parents share physical and custodial care of the child, or (iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.
"Person with a legitimate interest" shall be broadly construed and includes, but is not limited to grandparents, stepparents, former stepparents, blood relatives and family members provided any such party has intervened in the suit or is otherwise properly before the court. The term shall be broadly construed to accommodate the best interest of the child. A party with a legitimate interest shall not include any person (i) whose parental rights have been terminated by court order, either voluntarily or involuntarily, or any other person whose interest in the child derives from or through such person whose parental rights have been so terminated, including but not limited to grandparents, stepparents, former stepparents, blood relatives and family members, if the child subsequently has been legally adopted except where a final order of adoption is entered pursuant to § 63.1-219.48 or (ii) who has been convicted of a violation of subsection A of §§ 18.2-61, 18.2-63 or subsection B of § 18.2-366 when the child who is the subject of the petition was conceived as a result of such violation.
"Sole custody" means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.
Title 20, Chap. 6.1, §20-124.1
Court-ordered custody and visitation arrangements.
In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior to other considerations arising in the matter. The court may enter an order pending the suit as provided in § 20-103. The procedures for determining custody and visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal addressing the child's residential schedule and care arrangements, and how disputes between the parents will be handled in the future.
In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.
The court may order that support be paid for any child of the
parties. The court shall also order that support will continue to be paid
for any child over the age of eighteen who is (i) a full-time high school
student, (ii) not self-supporting, and (iii) living in the home of the
party seeking or receiving child support until such child reaches the age
of nineteen or graduates from high school, whichever first occurs. The
court may also order the continuation of support for any child over the
age of eighteen who is (i) severely and permanently mentally or physically
disabled, (ii) unable to live independently and support himself, and (iii)
resides in the home of the parent seeking or receiving child support. In
addition, the court may confirm a stipulation or agreement of the parties
which extends a support obligation beyond when it would otherwise terminate
as provided by law. The court shall have no authority to decree support
of children payable by the estate of a deceased party. The court may make
such further decree as it shall deem expedient concerning support of the
minor children, including an order that any party provide health care coverage.
The court shall have the continuing authority and jurisdiction to
make any additional orders necessary to effectuate and enforce any order
entered pursuant to this section or § 20-103 including the authority
to punish as contempt of court any willful failure of a party to comply
with the provisions of the order.
Title 20, Chap. 6.1, §20-124.2
Best interests of the child; visitation.
In determining best interests of a child for purposes of determining
custody or visitation arrangements including any pendente lite orders pursuant
to § 20-103, the court shall consider the following:
(1) The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;
(2) The age and physical and mental condition of each parent;
(3) The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
(4) The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
(5) The role which each parent has played and will play in the future, in the upbringing and care of the child;
(6) The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
(7) The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
(8) The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
(9) Any history of family abuse as that term is defined in § 16.1-228; and
(10) Such other factors as the court deems necessary and proper to the determination.
The judge shall communicate to the parties the basis of the decision either orally or in writing.
Title 20, Chap. 6.1, §20-124.3
Mediation.
In any appropriate case the court shall refer the parents or persons with a legitimate interest to a dispute resolution evaluation session to be conducted by a mediator certified pursuant to guidelines promulgated by the Judicial Council at no cost and in accordance with the procedures set out in Chapter 20.2 (§ 8.01-576.4 et seq.) of Title
8.01. In assessing the appropriateness of a referral, the court shall ascertain upon motion of a party whether there is a history of family abuse.
If an agreement is not reached on any issue through further mediation as agreed to by the parties, prior to the return date set by the court pursuant to § 8.01-576.5, the court shall proceed with a hearing on any unresolved issue, unless a continuance has been granted by the court. The fee of a mediator appointed in any custody, support or visitation case shall be $100 per appointment and shall be paid by the Commonwealth from the funds appropriated for payment of appointments made pursuant to subsection B of § 16.1-267.
Title 20, Chap. 6.1, §20-124.4
Notification of relocation.
In any proceeding involving custody or visitation, the court shall
include as a condition of any custody or visitation order a requirement
that thirty days' advance written notice be given to the court and the
other party by any party intending to relocate and of any intended change
of address, unless the court, for good cause shown, orders otherwise. The
court may require that the notice be in such form and contain such information
as it deems proper and necessary under the circumstances of the case.
Title 20, Chap. 6.1, §20-124.5
Access to child's records.
Notwithstanding any other provision of law, neither parent, regardless
of whether such parent has custody, shall be denied access to the academic,
medical, hospital or other health records of that parent's minor child
unless otherwise ordered by the court for good cause shown.
Title 20, Chap. 6.1, §20-124.6
