Virginia Divorce & Custody Law

Determinaiton of child support

The Virginia legislature considered, but did not pass this session, a bill that would have required the court to make an initial determination of child support and enter a temporary order of child support at any initial court hearing where a petition for child support had been filed. 

Query whether such an order would cause more filings for child support as a way to establish primary custody at the outset of the case when the court has not had time to consider the best interests of the children or even to hear any testimony or see any exhibits relative to custody or an appropriate custodial schedule between the parents?

Best interests of the child: School choice

The Virginia legislature considered, but did not pass legislation to establish a rebuttable presumption that it is in the child's best interests to remain in the current school system (phrased "last educational setting") prior to separation since this was the school to which both parents had last agreed.   The effect of such a new law would be to give the parent remaining in the marital residence the true "home court" advantage in any ensuing custody battle.

Equitable Distribution of marital debts

How many times have you just assumed that the Court would apportion debts in equitable distribution?  The Virginia legislature in the session just ended has now passed an amendment to Va. Code §20-107.3 to equitably allocate debts of the parties.

Court to have authority to award visitaiton rights to a family member of deploying parent

The Court will also have the authority under the newly passed legislation of the Virginia Assembly to award visitaiton rights to a family member of the deploying parent if the parent had physical custody of the child prior to the deployment and physical cusotdy is awarded to the nondeploying parent or his family during the deployment.

Doesn't this change the standard of Williams v. Williams for grandparents or other family members to obtain custodial rights if one of the parents objects?

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Assigning visitation rights: Deploying Active military will now be able to assign custodial rights of visitation

The Virginia Assembly just passed legislation providing for authority of the court on motion to allow military parents on active duty who have been deployed to be able to assign his or her visitation rights with a child to a family member of the deploying parent.

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