Tag Archives: VA Code 16.1-266

Custody Visitation Virginia Laws Court Ordered Fairfax Richmond Beach Loudoun Prince William

Custody & Visitation – Virginia Lawyers

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Court Ordered Custody & Visitation In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Custody Visitation Virginia Laws

Custody Visitation Virginia Laws

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, 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 either party or both parties provide health care coverage or cash medical support, or both.

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. A parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order to enjoin a parent of the child from filing a petition relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign jurisdiction which constitutes (i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time the offense occurred, or the other parent of the child, or (ii) felony assault resulting in serious bodily injury, felony bodily wounding resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for custody and visitation is filed, the court shall appoint a guardian ad litem for the child pursuant to 16.1-266.

Virginia Statute

 

Description

 

Conditions

 

Va. Code Ann  20-124.2(A) Court-ordered custody and visitation arrangements The circuit or district court shall provide prompt adjudication on considering the custody and visitation arrangements, support and maintenance and other considerations arising in the matter. The court order a pendente lite order according to  20-103.
Va. Code Ann  20-124.2(B) Court-ordered custody and visitation arrangements The court may award joint custody or sole custody. Primary Importance is given to the best interests of the child. Court also orders for frequent and continuing contact with both parents.
Va. Code Ann  20-124.2(C) Court-ordered custody and visitation arrangements The court may order for child support and may order that it be continued even if the child is over the age of 18 if the child 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, iv) severely and permanently mentally or physically disabled, v) unable to live independently and support himself, and (vi) resides in the home of the parent seeking or receiving child support.The powers of the court regarding the support of children payable by the estate of a deceased party.

The court may also order that either party or both parties provide health care coverage or cash medical support, or both.

 

Va. Code Ann  20-124.2(D) Court-ordered custody and visitation arrangements The circuit or district court may order mental health or psychological evaluation as it would assist in determining the best interests of a child and for appropriate payment of costs.
Va. Code Ann  20-124.2(E) Court-ordered custody and visitation arrangements The court shall make additional orders necessary to effectuate and enforce any order entered pursuant to this section or  20-103.The court is vested with the authority to punish for contempt of court in case of any willful failure of a party to comply with the provisions of the order.

The court may enjoin any person from filing for custody or visitation if one party petitions that it is for the best interest of the child and who had been convicted of murder or voluntary manslaughter, or a felony attempt, or any offense against child or (ii) felony assault resulting in serious bodily injury.

The court appoints appoint a guardian ad litem pursuant to  16.1-266, when
such a petition to enjoin the filing of a petition for custody and visitation is
filed.

 

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Court Ordered Custody & Visitation In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Custody Visitation Virginia Laws Court Ordered Fairfax Richmond Beach Loudoun Prince William

Custody & Visitation – Virginia Lawyers

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Court Ordered Custody & Visitation In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Custody Visitation Virginia Laws

Custody Visitation Virginia Laws

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, 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 either party or both parties provide health care coverage or cash medical support, or both.

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. A parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order to enjoin a parent of the child from filing a petition relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and such parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign jurisdiction which constitutes (i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the offense was a child of the parent, a child with whom the parent resided at the time the offense occurred, or the other parent of the child, or (ii) felony assault resulting in serious bodily injury, felony bodily wounding resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for custody and visitation is filed, the court shall appoint a guardian ad litem for the child pursuant to 16.1-266.

Some of the courts we cover in Virginia:
Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

Virginia Statute

 

Description

 

Conditions

 

Va. Code Ann  20-124.2(A) Court-ordered custody and visitation arrangements The circuit or district court shall provide prompt adjudication on considering the custody and visitation arrangements, support and maintenance and other considerations arising in the matter. The court order a pendente lite order according to  20-103.
Va. Code Ann  20-124.2(B) Court-ordered custody and visitation arrangements The court may award joint custody or sole custody. Primary Importance is given to the best interests of the child. Court also orders for frequent and continuing contact with both parents.
Va. Code Ann  20-124.2(C) Court-ordered custody and visitation arrangements The court may order for child support and may order that it be continued even if the child is over the age of 18 if the child 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, iv) severely and permanently mentally or physically disabled, v) unable to live independently and support himself, and (vi) resides in the home of the parent seeking or receiving child support. The powers of the court regarding the support of children payable by the estate of a deceased party.

The court may also order that either party or both parties provide health care coverage or cash medical support, or both.

 

Va. Code Ann  20-124.2(D) Court-ordered custody and visitation arrangements The circuit or district court may order mental health or psychological evaluation as it would assist in determining the best interests of a child and for appropriate payment of costs.
Va. Code Ann  20-124.2(E) Court-ordered custody and visitation arrangements The court shall make additional orders necessary to effectuate and enforce any order entered pursuant to this section or  20-103.The court is vested with the authority to punish for contempt of court in case of any willful failure of a party to comply with the provisions of the order.

The court may enjoin any person from filing for custody or visitation if one party petitions that it is for the best interest of the child and who had been convicted of murder or voluntary manslaughter, or a felony attempt, or any offense against child or (ii) felony assault resulting in serious bodily injury.

The court appoints appoint a guardian ad litem pursuant to 16.1-266, when
such a petition to enjoin the filing of a petition for custody and visitation is
filed.

 

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Court Ordered Custody & Visitation In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

We also cover the following courts in Virginia:
Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.