HB 861

            
2020 SESSION

20104789D

HOUSE BILL NO. 861


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 20-124.3 of the Code of 
 Virginia, relating to best interests of the child; act of violence, force, or 
 threat against intimate partner or the intimate partners child; history of 
 child abuse.
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Patrons-- Levine and Lopez

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 20-124.3 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 20-124.3. Best interests of the child; visitation.
 
 
In determining best interests of a child for purposes of 
 determining custody or visitation arrangements, 
 including any pendente lite orders pursuant to � 20-103, the court shall 
 consider the following:
 
 
1. The age and physical and mental condition of the child, 
 giving due consideration to the childs 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 childs 
 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 
 childs 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, any act of 
 violence, force, or threat as that phrase is defined in � 
 19.2-152.7:1 against an intimate partner or the intimate 
 partners child, 
 or any history of sexual abuse or child abuse. If the court 
 finds such a history or act, 
 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 judges findings 
 regarding the relevant factors set forth in this section. At the request of either 
 party, the court may order that the exchange of a child shall take place at an 
 appropriate meeting place.