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2004 SESSION

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046952520
HOUSE BILL NO. 441 Offered January 14, 2004 Prefiled January 13, 2004 A BILL to amend and reenact § 20-124.3 of the Code of Virginia, relating to the best interests of the child in visitation and custody. ---------- Patron-- Suit ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 20-124.3 of the Code of Virginia is amended and reenacted as follows:

§ 20-124.3. 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 whichthat each parent has played and will play in the future, in the upbringing and care of the child;

6. The propensity, willingness and ability of each parent to actively support the child's contact and relationship with the other parent facilitate and encourage a close and continuing relationship between the other parent and the child, including whether a parent has unreasonably denied the other parent access to or visitation with the child, but the court may not consider such propensity, willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of abusive behavior against the other parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or 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. The desirability of placement of the child with the child's primary caregiver, if the caregiver is deemed fit by the court; and

1011. 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.