Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020        

Best interests of the child; act of violence, force, or threat against an intimate partner, etc.

Provides that any act of violence, force, or threat against an intimate partner or the intimate partner's child or any history of child abuse shall be considered by a court in determining the best interests of a child for the purposes of a custody or visitation arrangement.

Date Version PDF TXT
01/07/2020 House: Prefiled and ordered printed; offered 01/08/20 20104789D Open

            

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.

    Picture Name From Date Type
    Mark H. Levine D-Richmond Sponsor
    Alfonso H. Lopez D-Richmond Cosponsor
    Date Branch Action
    01/31/2020 House House: VOTE: Block Vote Passage (99-Y 0-N)
    01/27/2020 House House: Reported from Courts of Justice (20-Y 0-N)
    01/22/2020 House House: Subcommittee recommends reporting (8-Y 0-N)
    01/07/2020 House House: Prefiled and ordered printed; offered 01/08/20 20104789D
    01/07/2020 House House: Referred to Committee for Courts of Justice
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    House 1/1/2111 12:00:00 AM 95 0 0
    House 1/27/2020 12:00:00 AM 21 0 0
    House 1/22/2020 12:00:00 AM 8 0 0
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    Date Bill Major Title
    Committee Name
    Subject Type