Be it enacted by the General Assembly of Virginia:
1. That §§ 20-124.1, 20-124.2 and 20-124.3 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding in Chapter 6.1 of Title 20 articles numbered 2 and 3, consisting of sections numbered 20-124.6:1 through 20-124.6:15 as follows:
§ 20-124.1. 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,; (ii) whose
interest in the child derives from or through a person whose
parental rights have been terminated, either voluntarily or
involuntarily, 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 §
63.2-1241,; or (iii) 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.
"Standard visitation order" means a standard order governing custody of a minor child prepared in accordance with the provisions of Article 3.
§ 20-124.2. Court-ordered custody and visitation arrangements.
A. 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 and in accordance with the requirements of the standard visitation order pursuant to Article 3, 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.
B. 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.
C. 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 18 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 19 or graduates from high school, whichever
first occurs. The court may also order the continuation of
support for any child over the age of 18 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.
D. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court may order an independent mental health or psychological evaluation to assist the court in its determination of the best interests of the child. The court may enter such order as it deems appropriate for the payment of the costs of the evaluation by the parties.
E. 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.
§ 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 or any standard order pursuant to Article 3, 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 that 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. If the court finds such a history, the court may disregard the factors in subdivision 6; 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.
§ 20-124.6:1. Guidelines for the visitation of child by parent named as noncustodial parent.
The standard visitation order constitutes a presumptive minimum amount of time for visitation of a child by a parent named as a noncustodial parent.
§ 20-124.6:2 Policy and general application of guidelines.
A. The guidelines established for the standard visitation order pursuant to Article 3 are intended to guide the courts in ordering the minimum terms and conditions for visitation of a child by a parent named as a noncustodial parent.
B. It is the policy of the Commonwealth to encourage frequent contact between a child and each parent for periods of visitation that optimize the development of a close and continuing relationship between each parent and child.
C. It is preferable for all children in a family to be together during periods of visitation.
D. The standard visitation order is designed to apply to a child three years of age or older.
§ 20-124.6:3. Rebuttable presumption.
In a suit, there is a rebuttable presumption that the standard visitation order (i) provides reasonable minimum visitation of a child for a parent named as a noncustodial parent and (ii) is in the best interest of the child pursuant to § 20-124.3.
§ 20-124.6:4. Standard visitation order inappropriate or unworkable.
The court shall render an order that grants periods of visitation of the child as similar as possible to those provided by the standard visitation order if the work schedule or other special circumstances of the custodial parent, the noncustodial parent, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate.
§ 20-124.6:5. Child less than three years of age.
A. The court shall render an order appropriate under the circumstances for visitation of a child less than three years of age.
B. The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard visitation order.
§ 20-124.6:6. Agreement.
The court may render an order for periods of visitation of a child that vary from the standard visitation order based on the agreement of the parties.
§ 20-124.6:7.Factors for court to consider.
In ordering the terms of visitation of a child under an order other than a standard visitation order, the court shall be guided by the guidelines established by the standard visitation order and may consider the age, developmental status, circumstances, needs, and best interest of the child pursuant to § 20-124.3.
§ 20-124.6:8. Means of travel.
In an order providing for the terms and conditions of visitation of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. The court shall specify the duties of the parents to provide transportation to and from the transportation facilities.
§ 20-124.6:9. Request for findings when order varies from standard order.
In all cases in which visitation of a child by a parent is contested and the visitation of the child by the noncustodial parent is less than the standard visitation order, the court shall state in the order the specific reasons for the variance from the standard order.
§ 20-124.6:10. Mutual agreement or specified terms for visitation.
The court shall specify in a standard visitation order that the parties may have visitation of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have visitation of the child under the specified terms set out in the standard order.
§ 20-124.6:11. Parents who reside 100 miles or less apart.
A. If the noncustodial parent resides 100 miles or less from the primary residence of the child, the noncustodial parent shall have the right to visitation of the child as follows:
1. On weekends beginning after school on the first, third, and fifth Friday of each month and ending the following Monday at the start of school.
2. On Thursdays of each week during the regular school term beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes.
B. The following provisions govern visitation of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of visitation. The noncustodial parent and the custodial parent shall have rights of visitation of the child as follows:
1. During spring break the noncustodial parent shall have visitation in even-numbered years, beginning at the time the child’s school is dismissed from school and ending at the time school resumes after that vacation. The custodial parent shall have visitation for the same period in odd-numbered years;
2. During summer vacation the noncustodial parent shall have visitation at 6 p.m. on the first Friday after summer vacation begins until 6 p.m. the following Friday and thereafter visitation will rotate between weeks for the remainder of summer vacation. The week to week rotation ends the last Friday before school starts when the school year rotation begins.
§ 20-124.6:12. Parents who reside over 100 miles apart.
If the noncustodial parent resides more than 100 miles from the residence of the child, the noncustodial parent shall have the right to visitation of the child as follows:
A. Either regular weekend visitation beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the noncustodial parent's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the noncustodial parent gives the custodial parent14 days' written or telephonic notice preceding a designated weekend, and provided that the noncustodial parent elects an option for this alternative period of visitation by written notice given to the custodial parent within 90 days after the parties begin to reside more than 100 miles apart, as applicable;
B. Each year beginning on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation;
C. If the noncustodial parent:
1. Gives the custodial parent written notice by April 1 of each year specifying an extended period or periods of summer visitation, the noncustodial parent shall have visitation of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or
2. Does not give the custodial parent written notice by April 1 of each year specifying an extended period or periods of summer visitation, the noncustodial parent shall have visitation of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;
D. If the custodial parent gives the noncustodial parent written notice by April 15 of each year the custodial parent shall have visitation of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of visitation by the noncustodial parent under subsection C, provided that if a period of visitation by the noncustodial parent exceeds 30 days, the custodial parent may have visitation of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the custodial parent picks up the child from the noncustodial parent and returns the child to that same place; and
E. If the custodial parent gives the noncustodial parent written notice by April 15 of each year, the custodial parent may designate 21 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, during which the noncustodial parent may not have visitation of the child, provided that the period or periods so designated do not interfere with the noncustodial parent's period or periods of extended summer visitation or with Father's Day if the noncustodial parent is the father of the child.
§ 20-124.6:13. Holiday visitation unaffected by distance parents reside apart.
The following provisions govern visitation of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of visitation without regard to the distance the parents reside apart. The noncustodial and the custodial parent shall have rights of visitation of the child as follows:
A. The noncustodial parent shall have visitation of the child in even-numbered years beginning when school is dismissed on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26, and the custodial shall have visitation for the same period in odd-numbered years;
B. The noncustodial parent shall have visitation of the child in odd-numbered years beginning at noon on December 26 and ending when school resumes after that vacation, and the custodial parent shall have visitation for the same period in even-numbered years;
C. The noncustodial parent shall have visitation of the child in odd-numbered years, when school is dismissed on the day the child is dismissed from school before Thanksgiving and ending when school resumes, and the custodial parent shall have visitation for the same period in even-numbered years;
D. The parent not otherwise entitled under this standard order to present visitation of a child on the child's birthday shall have visitation of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the parent entitled to visitation and returns the child to that same place;
E. The father shall have visitation of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard order to present visitation of the child, he picks up the child from the residence of the parent entitled to visitation and returns the child to that same place; and
F. The mother shall have visitation of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard order to present visitation of the child, she picks up the child from the residence of the parent entitled to visitation and returns the child to that same place.
§ 20-124.6:14. Weekend visitation extended by holiday.
A. If a weekend period of visitation of the noncustodial parent coincides with a school holiday during the regular school term or with a federal, state, or local holiday during the summer months in which school is not in session, the weekend visitation shall end on Tuesday at 9 a.m. during summer vacation or when school resumes during the school year. For a Friday holiday visitation begins when school ends on Thursday or at 6 p.m. Thursday during summer vacation, as applicable.
§ 20-124.6:15. General terms and conditions.
The court shall order the following general terms and conditions of visitation of a child to apply without regard to the distance between the residence of a parent and the child:
A. The custodial parent shall surrender the child to the noncustodial parent at the beginning of each period of the noncustodial parent's visitation at the residence of the custodial parent;
B. If the noncustodial parent elects to begin a period of visitation at the time the child's school is regularly dismissed, the custodial parent shall surrender the child to the noncustodial parent at the beginning of each period of visitation at the school in which the child is enrolled;
C. The noncustodial parent shall be ordered to do one of the following:
1. The noncustodial parent shall surrender the child to the custodial parent at the end of each period of visitation at the residence of the noncustodial parent; or
2. The noncustodial parent shall return the child to the residence of the custodial parent at the end of each period of visitation, except that the order shall provide that the noncustodial parent shall surrender the child to the custodial parent at the end of each period of visitation at the residence of the noncustodial parent if:
(a) at the time the original order or a modification of an order establishing terms and conditions of visitation or access the noncustodial parent and the custodial parent lived in the same county, the noncustodial parent's county of residence remains the same after the rendition of the order, and the custodial parent's county of residence changes, effective on the date of the change of residence by the custodial parent; or
(b) the noncustodial parent and custodial parent lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the noncustodial parent’s county of residence remains the same and the custodial parent's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered;
D. If the noncustodial parent elects to end a period of visitation at the time the child's school resumes, the noncustodial parent shall surrender the child to the custodial parent at the end of each period of visitation at the school in which the child is enrolled;
E. Each parent shall return with the child the personal effects that the child brought at the beginning of the period of visitation;
F. Either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned;
G. A parent shall give notice to the person in visitation of the child on each occasion that the parent will be unable to exercise that parent's right of visitation for a specified period;
H. Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due; and
I. If a parent's time of visitation of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the parent in visitation of the child shall immediately notify the school and the other parent that the child will not be or has not been returned to school.
