Tag Archives: Virginia Family Lawyer

Definition Child Custody Joint Sole Legal Virginia Laws 20-124.1 Fairfax Prince William Loudoun Richmond Beach

If you need help with a joint/sole legal contested child custody case in Virginia, our firm can help you.

Virginia Court provides the definition for joint legal and sole legal custody in a child custody case.

If you are seeking an experienced attorney to help you with a joint/sole legal contested child custody case in Virginia, call us for help.

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

VA Joint Legal Or Sole Legal Child Custody Lawyer

VA Joint Legal Or Sole Legal Child Custody Lawyer

CHILD CUSTODY-DEFINITION

Va. Code Ann § 16.1-228. Definitions

“Legal custody” means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107.2.

Va. Code Ann § 20-124.1. Definitions

“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.

Va. Code Ann § 20-124.1. Definitions

“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.

CHILD CUSTODY TABLE

Virginia Statute Type of Custody Definition
Va. Code Ann § 16.1-228 Legal Custody 1.Court Order that determines the legal status of the custodian who will be vested with physical custody and regarding of the parental rights and responsibilities(or)2. Court ordered legal status for joint custody as mentioned in § 20-107.2.
Va. Code Ann§ 20-124.1 Joint Custody
    1. Both the parents shall be vested with the right to retain joint responsibility and joint authority even if the primary residence may be one parent.
    2. Both parents shall share physical and custodial care of the child, or
    3. The court for the best interests of the child, shall order for any combination of joint legal and joint physical custody.
Va. Code Ann § 20-124.1 Sole Custody Where complete responsibility regarding care and control and decisions regarding the child shall be vested with one person.

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

If you are seeking an experienced attorney to help you with a joint/sole legal contested child custody case in Virginia, call us for help.

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

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.

 

Child Custody Virginia Laws 20-124.2 Fairfax Prince William Loudoun Richmond Beach

CHILD CUSTODY IN VIRGINIA

If you need help with a contested child custody case in Virginia, our law firm can help you.

Virginia Court pursuant to Virginia Code 20-124.2 may order custody and visitation.

If you are seeking an experienced attorney to help you with a child custody in Virginia, call us for help.

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

Child Custody Virginia Laws 20-124.2

Child Custody Virginia Laws 20-124.2

CHILD CUSTODY-Va. Code Ann 20-124.2

Virginia Code 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

If you are seeking an experienced attorney to help you with a child custody in Virginia, call us for help.

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

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.

 

Child Custody Virginia Laws Best Interests 20-124.3 Fairfax Prince William Loudoun Richmond Beach

Child Custody Virginia Lawyer Best Interests

If you need help with a contested best interests child custody case in Virginia, our firm can help you.

Virginia Court pursuant to Virginia Code 20-124.3 is the statute that identifies the best interests factors a court must consider when ordering custody and visitation.

If you are seeking an experienced attorney to help you with a best interest’s child custody case in Virginia, call us for help.

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

Child Custody Virginia Laws Best Interests 20-124.3

Child Custody Virginia Laws Best Interests 20-124.3

CHILD CUSTODY-Va. Code Ann § 20-124.3

§ 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 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 or sexual abuse. 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. Except in cases of consent orders for custody and visitation, this communication shall set forth the judge’s findings regarding the relevant factors set forth in this section.

 

Virginia Statute

 

The court in the best interests of a child for custody and visitation including any pendente lite orders pursuant to § 20-103, shall consider the following

Conditions:

    Va. Code Ann § 20-124.3Best interests of the child; visitation  

  1. Child’s age, physical and mental condition, giving due consideration to the child’s changing. developmental needs.
  2. Parent’s age and physical and mental condition.
  3. Existing relationship between each parent and child, giving due consideration to the positive involvement with the child’s life, access, emotional, intellectual and physical needs.
  4. Needs of the child, giving importance to other relationships, including but not limited to siblings, peers and extended family members.
  5. The role the parent has played and be will play in the future, regarding upbringing and care.
  6. Parent’s active role in allowing the child to contact and have a healthy relationship with the other parent.
  7. Child’s reasonable preference, if the court deems that the child to be of reasonable intelligence, understanding, age and experience to express such a preference.
  8. Child’s reasonable preference, if the court deems that 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 or sexual abuse.
  10. Such other factors as the court deems necessary and proper to the determination of custody and visitation.

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

If you are seeking an experienced attorney to help you with a best interest’s child custody case in Virginia, call us for help.

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

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.

 

Property Settlement Agreement Virginia Laws Separation Fairfax Richmond Beach Loudoun Prince William

Separation/Property Settlement Agreement Cases – Virginia Lawyers

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

Separation/Property Settlement Agreement Cases In Virginia

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

Property Settlement Agreement Virginia Laws

Property Settlement Agreement Virginia Laws

VIRGINIA LAWYERS – PROPERTY SETTLEMENT AGREEMENT STATUTE

Va. Code Ann. § 20-155

§ 20-155. Marital agreements

Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution. If the terms of such agreement are (i) contained in a court order endorsed by counsel or the parties or (ii) recorded and transcribed by a court reporter and affirmed by the parties on the record personally, the agreement is not required to be in writing and is considered to be executed. A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

VIRGINIA LAWYERS – MARITAL AGREEMENT STATUTE

 

Virginia Statute

 

Marital/Separation Agreements

Va. Code Ann. § 20-155 Marital/Separation agreements Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution.
 Va. Code Ann. § 20-155Marital/Separation agreements The agreement is not required to be in writing and is considered to be executed if the terms of such agreement are

  1. Contained in a court order endorsed by counsel or the parties or
  2. Recorded and transcribed by a court reporter and affirmed by the parties on the record personally
Va. Code Ann. § 20-155Marital/Separation agreements A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

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.

Separation/Property Settlement Agreement Cases 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.

 

Equitable Distribution Virginia Laws Child Custody Fairfax Richmond Beach Loudoun Prince William

Equitable Distribution Cases – Virginia Lawyers

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

Equitable Distribution Cases In Virginia

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

Equitable Distribution Virginia Laws Child Custody

Equitable Distribution Virginia Laws Child Custody

Fox v. Fox

Facts:

Husband and wife were married on January 10, 2000 and separated on August 17, 2009. Wife filed a complaint in the Circuit Court of the City of Suffolk on September 24, 2009. Husband then filed an answer and crossbill. Both parties requested equitable distribution in their pleadings. The trial court conducted a hearing on March 22, 2011 and requested both parties file proffers. After reviewing the post-trial proffers, the trial court issued an opinion letter dated July 28, 2011. Husband, by letter, advised the trial court of his objections and asked that the court reconsider certain issues. The court held a second hearing on December 6, 2011 and entered an amended final decree on March 27, 2012. Appellant former husband sought review of the orders of the Circuit Court of the City of Suffolk, Virginia, regarding equitable division and the award of spousal support to appellee former wife for 10 years. Both parties sought an award of appellate attorney’s fees.

Issue:

  1. Whether, pursuant to Code § 20-107.3, the trial court must include property that has no value in its equitable distribution analysis?
  2. Whether the trial court erred in awarding any spousal support to wife, who he claims was guilty of committing adultery?
  3. Whether the trial court erred in failing to consider appellee’s monetary and non-monetary contributions to the marriage in awarding spousal support?
  4. Whether the trial court erred in determining the amount and duration of the spousal support award?

Discussions:

Equitable distribution of marital residences

The parties jointly owned two parcels of real estate, one in Suffolk, Virginia and one in Florida. Both parties agreed there is negative equity in each property. The rent realized from those properties is insufficient to pay the monthly mortgage payments. Husband testified he does not want to sell those properties because of the negative equity. He is willing to continue the mortgage payments but wants wife to equally share the shortfall. In her post-trial proffer, wife suggested husband could either keep both properties if he refinances them, or the parties can sell them and equally divide any deficiencies. There was no agreement as to the disposition of these properties.

There are three basic steps that a trial judge must follow in making equitable distribution of property. “The court first must classify the property as either separate, marital, or part separate and part marital property. The court then must assign a value to the property based upon evidence presented by both parties. Finally, the court distributes the property to the parties, taking into consideration the factors presented in Code § 20-107.3(E).” Marion v. Marion, 11 Va. App. 659, 665, 401 S.E.2d 432, 436, 7 Va. Law Rep. 1564 (1991)

Code § 20-107.3(C) provides in part that the trial court’s options of how to divide or transfer jointly owned marital property. The court may transfer or order the transfer of property to one of the parties, permit one party to purchase the other party’s interest and direct the allocation of the proceeds, or order the sale by private or public sale. Code § 20-107.3(E) lists eleven factors to be considered in making an equitable distribution award. Specifically, paragraph 7 requires the court to consider “[t]he debts and liabilities of each spouse, the basis for such debts and liabilities and the property which may serve as security for such debts and liabilities”.

In Hodges v. Hodges, 2 Va. App. 508, 347 S.E.2d 134, 3 Va. Law Rep. 54 (1986) it was held that the marital property had no equity in excess of indebtedness. We held the trial court erred in entering a monetary award, including “where the marital property is encumbered with indebtedness which equals or exceeds its value, then for purposes of a monetary award it is essentially of no value. Without value, there is no basis for a monetary award.” Although Hodges involved a monetary award and not a division of jointly held property, it instructs us that an asset with no value, or negative value, is not subject to equitable distribution.
The determination of this issue depends on the resolution of whether the trial court abused its discretion by not distributing the two parcels of real estate in equitable distribution. If the trial court had that authority, no bifurcation took place. Since we hold that the trial court did not err in refusing to divide the two parcels, there was no bifurcation.

Award of spousal support

Appellant claims that wife’s negative monetary and non-monetary contributions to the marriage, as contemplated by Code § 20-107.1(E), bar her from receiving any spousal support. Had the trial court properly considered the factors in Code § 20-107.1(E), reasons appellant, the court would have found wife was not entitled to receive support. Appellant never argued to the trial court that wife should be barred from receiving any spousal support. In his written objections to the amended final decree, husband “objected to the award of spousal support in light of wife’s adultery and negative monetary and non-monetary contributions to the marriage.”

Rule 5A:18 require that objections to a trial court’s action or ruling be made with specificity in order to preserve an issue for appeal. A trial court must be alerted to the precise issue to which a party objects. The purpose of the rule is to ensure that any perceived error by the trial court is “promptly brought to the attention of the trial court with sufficient specificity that the alleged error can be dealt with and timely addressed and corrected when necessary, Errors can usually be corrected in the trial court, particularly in a bench trial, without the necessity of appeal.”

In his letter of reconsideration, husband asked the court to reconsider the duration of the term of support, not that any support be terminated altogether. Thus, despite having had the opportunity to do so, husband did not alert the trial court to his claim that the court erred in failing to properly consider the statutory factors and in making an awarding of spousal support. Therefore, the trial court was not timely advised of the alleged error and had no opportunity to consider, address, or corrects it. We will not consider this assignment of error on appeal.
Failure to consider negative monetary and non-monetary contributions

Rule 5A:20(c) requires us to hold that this issue is waived because it is not part of appellant’s assignment of error. It is because an appellant did not include an argument in his questions presented, the Court would not address this issue on appeal. Declining to consider an issue on appeal because it was not “expressly stated” in the questions presented. The only issue raised in husband’s assignment of error is that the trial court never considered wife’s negative monetary and non-monetary contributions. Because appellant did not include the issue of properly applying negative monetary and non-monetary contributions in his assignments of error, he cannot now argue this issue on appeal.

Amount and duration of support

In reviewing a spousal support award, we are mindful that the trial court has broad discretion in awarding and fixing the amount of spousal support. Accordingly, our review is limited to determining whether the trial court clearly abused its discretion. In exercising its discretion, the trial court must consider all the factors enumerated in Code § 20-107.1(E) when fashioning its award, but it is not “required to quantify or elaborate exactly what weight or consideration it has given to each of the statutory factors.” The trial court’s findings “must have some foundation based on the evidence presented.” Where that evidentiary foundation exists and the record discloses that the trial court has given consideration to each of the statutory factors, we will not disturb its determination as to spousal support on appeal. There is sufficient evidence to support the trial court’s award for a specific duration.

Judgment:

The judgment was affirmed and the case was remanded to the trial court to award the wife partial appellate attorney’s fees.

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.

Equitable Distribution Cases 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
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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.

 

Definition Child Custody Joint Sole Legal Virginia Laws 20-124.1 Fairfax Prince William Richmond Beach Loudoun

If you need help with a joint/sole legal contested child custody case in Virginia, our firm can help you.

Virginia Court provides the definition for joint legal and sole legal custody in a child custody case.

If you are seeking an experienced attorney to help you with a joint/sole legal contested child custody case in Virginia, call us for help.

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

VA Joint Legal Or Sole Legal Child Custody Lawyer

VA Joint Legal Or Sole Legal Child Custody Lawyer

CHILD CUSTODY-DEFINITION

Va. Code Ann § 16.1-228. Definitions

“Legal custody” means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and predetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § 20-107.2.

Va. Code Ann § 20-124.1. Definitions

“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 thebest interest of the child.

Va. Code Ann § 20-124.1. Definitions

“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.

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

 CHILD CUSTODY TABLE

Virginia Statute

Type of Custody

Definition

Va. Code Ann § 16.1-228 Legal Custody 1. Court Order that determines the legal status of the custodian who will be vested with physical custody and regarding of the parental rights and responsibilities(or)2. Court ordered legal status for joint custody as mentioned in § 20-107.2.
Va. Code Ann§ 20-124.1 Joint Custody
  1. Both the parents shall be vested with the right to retain joint responsibility and joint authority even if the primary residence may be one parent.
  2. Both parents shall share physical and custodial care of the child, or
  3. The court for the best interests of the child, shall order for any combination of joint legal and joint physical custody.
Va. Code Ann § 20-124.1 Sole Custody Where complete responsibility regarding care and control and decisions regarding the child shall be vested with one person.

If you are seeking an experienced attorney to help you with a joint/sole legal contested child custody case in Virginia, call us for help.

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

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.

Child Custody Virginia Laws Best Interests 20-124.3 Fairfax Prince William Loudoun Richmond Beach

Child Custody Virginia Lawyer Best Interests

If you need help with a contested best interests child custody case in Virginia, our firm can help you.

Virginia Court pursuant to Virginia Code 20-124.3 is the statute that identifies the best interests factors a court must consider when ordering custody and visitation.

If you are seeking an experienced attorney to help you with a best interest’s child custody case in Virginia, call us for help.

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

Child Custody Virginia Laws Best Interests 20-124.3

Child Custody Virginia Laws Best Interests 20-124.3

CHILD CUSTODY-Va. Code Ann § 20-124.3

§ 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 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 or sexual abuse. 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. Except in cases of consent orders for custody and visitation, this communication shall set forth the judge’s findings regarding the relevant factors set forth in this section.

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  The court in the best interests of a child for custody and visitation including any pendente lite orders pursuant to § 20-103, shall consider the following

Conditions:

Va. Code Ann § 20-124.3

Best interests of the child; visitation

 

  1. Child’s age, physical and mental condition, giving due consideration to the child’s changing. developmental needs.
  2. Parent’s age and physical and mental condition.
  3. Existing relationship between each parent and child, giving due consideration to the positive involvement with the child’s life, access, emotional, intellectual and physical needs.
  4. Needs of the child, giving importance to other relationships, including but not limited to siblings, peers and extended family members.
  5. The role the parent has played and be will play in the future, regarding upbringing and care.
  6. Parent’s active role in allowing the child to contact and have a healthy relationship with the other parent.
  7. Child’s reasonable preference, if the court deems that the child to be of reasonable intelligence, understanding, age and experience to express such a preference.
  8. Child’s reasonable preference, if the court deems that 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 or sexual abuse.
  10. Such other factors as the court deems necessary and proper to the determination of custody and visitation.

If you are seeking an experienced attorney to help you with a best interest’s child custody case in Virginia, call us for help.

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

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.

Child Custody Virginia Laws 20-124.2 Fairfax Prince William Loudoun Richmond Beach

CHILD CUSTODY IN VIRGINIA

If you need help with a contested child custody case in Virginia, our law firm can help you.

Virginia Court pursuant to Virginia Code 20-124.2 may order custody and visitation.

If you are seeking an experienced attorney to help you with a child custody in Virginia, call us for help.

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

Child Custody Virginia Laws 20-124.2

Child Custody Virginia Laws 20-124.2

CHILD CUSTODY-Va. Code Ann 20-124.2

Virginia Code 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.

If you are seeking an experienced attorney to help you with a child custody in Virginia, call us for help.

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

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.

Equitable Distribution Virginia Laws Child Custody Fairfax Richmond Beach Loudoun Prince William

Equitable Distribution Cases – Virginia Lawyers

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

Equitable Distribution Cases In Virginia

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

Equitable Distribution Virginia Laws Child Custody

Equitable Distribution Virginia Laws Child Custody

Fox v. Fox

Facts:

Husband and wife were married on January 10, 2000 and separated on August 17, 2009. Wife filed a complaint in the Circuit Court of the City of Suffolk on September 24, 2009. Husband then filed an answer and crossbill. Both parties requested equitable distribution in their pleadings. The trial court conducted a hearing on March 22, 2011 and requested both parties file proffers. After reviewing the post-trial proffers, the trial court issued an opinion letter dated July 28, 2011. Husband, by letter, advised the trial court of his objections and asked that the court reconsider certain issues. The court held a second hearing on December 6, 2011 and entered an amended final decree on March 27, 2012. Appellant former husband sought review of the orders of the Circuit Court of the City of Suffolk, Virginia, regarding equitable division and the award of spousal support to appellee former wife for 10 years. Both parties sought an award of appellate attorney’s fees.

Issue:

  1. Whether, pursuant to Code § 20-107.3, the trial court must include property that has no value in its equitable distribution analysis?
  2. Whether the trial court erred in awarding any spousal support to wife, who he claims was guilty of committing adultery?
  3. Whether the trial court erred in failing to consider appellee’s monetary and non-monetary contributions to the marriage in awarding spousal support?
  4. Whether the trial court erred in determining the amount and duration of the spousal support award?

Discussions:

Equitable distribution of marital residences

The parties jointly owned two parcels of real estate, one in Suffolk, Virginia and one in Florida. Both parties agreed there is negative equity in each property. The rent realized from those properties is insufficient to pay the monthly mortgage payments. Husband testified he does not want to sell those properties because of the negative equity. He is willing to continue the mortgage payments but wants wife to equally share the shortfall. In her post-trial proffer, wife suggested husband could either keep both properties if he refinances them, or the parties can sell them and equally divide any deficiencies. There was no agreement as to the disposition of these properties.

There are three basic steps that a trial judge must follow in making equitable distribution of property. “The court first must classify the property as either separate, marital, or part separate and part marital property. The court then must assign a value to the property based upon evidence presented by both parties. Finally, the court distributes the property to the parties, taking into consideration the factors presented in Code § 20-107.3(E).” Marion v. Marion, 11 Va. App. 659, 665, 401 S.E.2d 432, 436, 7 Va. Law Rep. 1564 (1991)

Code § 20-107.3(C) provides in part that the trial court’s options of how to divide or transfer jointly owned marital property. The court may transfer or order the transfer of property to one of the parties, permit one party to purchase the other party’s interest and direct the allocation of the proceeds, or order the sale by private or public sale. Code § 20-107.3(E) lists eleven factors to be considered in making an equitable distribution award. Specifically, paragraph 7 requires the court to consider “[t]he debts and liabilities of each spouse, the basis for such debts and liabilities and the property which may serve as security for such debts and liabilities”.

In Hodges v. Hodges, 2 Va. App. 508, 347 S.E.2d 134, 3 Va. Law Rep. 54 (1986) it was held that the marital property had no equity in excess of indebtedness. We held the trial court erred in entering a monetary award, including “where the marital property is encumbered with indebtedness which equals or exceeds its value, then for purposes of a monetary award it is essentially of no value. Without value, there is no basis for a monetary award.” Although Hodges involved a monetary award and not a division of jointly held property, it instructs us that an asset with no value, or negative value, is not subject to equitable distribution.
The determination of this issue depends on the resolution of whether the trial court abused its discretion by not distributing the two parcels of real estate in equitable distribution. If the trial court had that authority, no bifurcation took place. Since we hold that the trial court did not err in refusing to divide the two parcels, there was no bifurcation.

Award of spousal support

Appellant claims that wife’s negative monetary and non-monetary contributions to the marriage, as contemplated by Code § 20-107.1(E), bar her from receiving any spousal support. Had the trial court properly considered the factors in Code § 20-107.1(E), reasons appellant, the court would have found wife was not entitled to receive support. Appellant never argued to the trial court that wife should be barred from receiving any spousal support. In his written objections to the amended final decree, husband “objected to the award of spousal support in light of wife’s adultery and negative monetary and non-monetary contributions to the marriage.”

Rule 5A:18 require that objections to a trial court’s action or ruling be made with specificity in order to preserve an issue for appeal. A trial court must be alerted to the precise issue to which a party objects. The purpose of the rule is to ensure that any perceived error by the trial court is “promptly brought to the attention of the trial court with sufficient specificity that the alleged error can be dealt with and timely addressed and corrected when necessary, Errors can usually be corrected in the trial court, particularly in a bench trial, without the necessity of appeal.”

In his letter of reconsideration, husband asked the court to reconsider the duration of the term of support, not that any support be terminated altogether. Thus, despite having had the opportunity to do so, husband did not alert the trial court to his claim that the court erred in failing to properly consider the statutory factors and in making an awarding of spousal support. Therefore, the trial court was not timely advised of the alleged error and had no opportunity to consider, address, or corrects it. We will not consider this assignment of error on appeal.
Failure to consider negative monetary and non-monetary contributions

Rule 5A:20(c) requires us to hold that this issue is waived because it is not part of appellant’s assignment of error. It is because an appellant did not include an argument in his questions presented, the Court would not address this issue on appeal. Declining to consider an issue on appeal because it was not “expressly stated” in the questions presented. The only issue raised in husband’s assignment of error is that the trial court never considered wife’s negative monetary and non-monetary contributions. Because appellant did not include the issue of properly applying negative monetary and non-monetary contributions in his assignments of error, he cannot now argue this issue on appeal.

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

Amount and duration of support

In reviewing a spousal support award, we are mindful that the trial court has broad discretion in awarding and fixing the amount of spousal support. Accordingly, our review is limited to determining whether the trial court clearly abused its discretion. In exercising its discretion, the trial court must consider all the factors enumerated in Code § 20-107.1(E) when fashioning its award, but it is not “required to quantify or elaborate exactly what weight or consideration it has given to each of the statutory factors.” The trial court’s findings “must have some foundation based on the evidence presented.” Where that evidentiary foundation exists and the record discloses that the trial court has given consideration to each of the statutory factors, we will not disturb its determination as to spousal support on appeal. There is sufficient evidence to support the trial court’s award for a specific duration.

Judgment:

The judgment was affirmed and the case was remanded to the trial court to award the wife partial appellate attorney’s fees.

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

Equitable Distribution Cases 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
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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.

Property Settlement Agreement Virginia Laws Separation Fairfax Richmond Beach Loudoun Prince William

Separation/Property Settlement Agreement Cases – Virginia Lawyers

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

Separation/Property Settlement Agreement Cases In Virginia

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

Property Settlement Agreement Virginia Laws

Property Settlement Agreement Virginia Laws

VIRGINIA LAWYERS – PROPERTY SETTLEMENT AGREEMENT STATUTE

Va. Code Ann. § 20-155

§ 20-155. Marital agreements

Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution. If the terms of such agreement are (i) contained in a court order endorsed by counsel or the parties or (ii) recorded and transcribed by a court reporter and affirmed by the parties on the record personally, the agreement is not required to be in writing and is considered to be executed. A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

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 LAWYERS – MARITAL AGREEMENT STATUTE

 

Virginia Statute

 

Marital/Separation Agreements

Va. Code Ann. § 20-155Marital/Separation agreements Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution.
 Va. Code Ann. § 20-155Marital/Separation agreements The agreement is not required to be in writing and is considered to be executed if the terms of such agreement are

  1. Contained in a court order endorsed by counsel or the parties or
  2. Recorded and transcribed by a court reporter and affirmed by the parties on the record personally
Va. Code Ann. § 20-155Marital/Separation agreements A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

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

Separation/Property Settlement Agreement Cases 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.