SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1994 SESSION

  • | print version

SB 88 Custody and visitation.

Introduced by: Robert L. Calhoun | all patrons    ...    notes | add to my profiles

SUMMARY:

Custody and visitation. Consolidates provisions governing custody and visitation of minor children in a new chapter. The chapter applies to custody and visitation determinations made by circuit or district courts and is intended to place more emphasis on the best interests of the child in making these determinations. The bill expands upon the factors to be considered by the courts in making these determinations to include, among other things, the child's changing developmental needs, the propensity of each parent to support the child's contact and relationship with the other parent, the age and mental condition of the parents, any evidence of felony violations by the parents, any history of abuse, etc. The courts are encouraged to use mediation; the parties are to be referred for an evaluation session in all appropriate cases and standards are provided for determining when a case is not appropriate for referral.

The term "sole custody" is defined. Standards are codified for awards of custody to persons other than parents. The court must find by clear and convincing evidence that the award of custody to a person with a legitimate interest would be in the child's best interest.

This bill was recommended by the Commission on Youth following a one-year study.


FULL TEXT

AMENDMENTS

HISTORY