Family Law FAQ

Under Virginia Code 20-124.3, the courts must prioritize the best interests of the child when determining custody arrangements. To do this, they consider various factors. These factors include:

• The age of the child;
• The ages of each parent;
• The physical and mental condition of the child;
• The physical and mental condition of each parent;
• The relationship between parent and child;
• The parent’s ability to meet the emotional, intellectual, and physical needs of the child;
• Important relationships in the child’s life, such as siblings, peers, and extended family;
• Each parent’s role in the child’s upbringing;
• The willingness and ability of each parent to support the child’s contact with the other parent and resolve custody-related issues; and
• The preferences of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
• Any history of family abuse as that term is defined in § 16.1-228 or sexual abuse.

Child support is determined based on a specific formula according to the Child Support Guidelines, Virginia Code section 20-108.2. Usually no deviations from the amount are ordered unless the facts of the case justify deviation per Virginia Code section 20-108.1. The following information is used to determine the child support amount:

• The monthly gross income (income from all sources, before deductions) of each parent;
• The monthly child care costs of the child(ren);
• The monthly health insurance premium for the child(ren);
• Any extraordinary medical/dental expenses for the child(ren) not covered by insurance;
• Whether you support any other children;
• Such other factors as dictated Under Virginia Code section 20-108.1, and are necessary to consider the equities for the parents and children;

If you already have a court order for custody, visitation or support, the court will only consider a change to that order if there has been a "material change of circumstances" since entry of the last order. The changes that may affect your current child support order include, but are not limited to:

• A loss or change of employment;
• The birth of another child;
• The entry of a child support order from any Court for another child;
• A serious medical problem requiring unusual medical expenses for you or someone in your household;
• A child attaining the age of 18 years, joining the military or marrying;
• Any significant decrease in income or change in your financial situation;
• Incarceration.

No. A parent may not refuse to allow or cut back the other parent’s visitation with the children simply because the other parent has not paid his/her child support. Child support and child visitation are legally two separate matters and both parents have the right to meaningful relationships with their children.

In connection with support and visitation, if one parent refuses visitation to the other parent, the parent paying support cannot use that as a reason to withhold or stop paying child support.

Child custody, support, and visitation can take some time to get through the court system fully and completely resolve all issues between the parties. While the case is pending, the court can make pendente lite (temporary) decisions that are effective until further order of the court.

In Virginia, in a proceeding where custody and visitation of a child is contested, the court may appoint a guardian ad litem. A guardian ad litem is an attorney appointed to represent the interests of the child.

Going to Court to obtain decisions on issues is time consuming, costly, and can be emotionally draining for parties. Resolving or settling issues by negotiating or mediating a case is not a sign of weakness. It does not mean that you do not believe in your position, or that you are “afraid” to go to Court. Settlement should be the result of objective consideration of the strengths and weaknesses in your case, rather than anger or fear. If you and your spouse are able to agree on any issues, you will not only reduce your legal fees, but you will also begin building momentum toward resolving other issues.

If you are concerned that your spouse’s behavior is posing a threat to the safety of you or your children, you may request that the Juvenile and Domestic Relations District Court issue a preliminary protective order against your spouse. A preliminary protective order is a temporary order that prevents the spouse from having any contact with you or other family members. This order stays in effect until a hearing can be held (usually in approximately 2 weeks). At the hearing, the court will determine whether the preliminary protective order should be dismissed, or whether a protective order should be entered. A protective order may be entered for a period of up to two years.

The protective order process can be initiated without an attorney. To obtain a preliminary protective order, simply contact the Intake Office at the Juvenile and Domestic Relations District Court in the County where you reside.

Another option is to file a complaint for divorce on the grounds of cruelty and constructive desertion. Once the complaint has been filed, a hearing can be set for the purpose of granting one of the parties possession of the marital residence. Once the order is entered, the spouse against whom the order is entered will be required to leave the marital home. The court also has the authority to enter an order prohibiting either party from harassing or bothering the other party.