Legal Question in Family Law in Connecticut
Custody and Visitation rights
Wife left to Newport News Virginia. There was hearing for custody on Dec 6. However the judge at that hearing granted wife custody of minor son and visitation with father at consent from and under control of mother. I feel the trial court failed to consider the factors set out in Code 20.1-124.3, particularly subsection (6), when deciding child custody. That section provides that one of the factors to be considered by the court is "[t]he propensity of each parent to actively support the child's contact and relationship with the other parent, 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 matters affecting the child." The same issues where heard in the court of appeals of virginia from the circuit court of the city of newport news. Record No. 2085-95-1. thank you for your help in this matter. I would like someinput as to what i could do in this matter.
1 Answer from Attorneys
Consideration of Custody Factors
This communication is not intended to be the giving of legal advice or the establishment of an attorney client relationship. Accurate legal advice can only be given after a more complete discussion of the facts than was permitted by your posting and, in this Office, the attorney client relationship is only undertaken upon the execution of a written fee agreement.
Virginia Code Section 20-124.3 does require the judge to consider, among other things, the propensity of each parent to foster a relationship with the other. The difficulty may be proving that he failed to do so. Your posting does not indicate whether the judge was presiding in a juvenile and domestic relations district court or in a circuit court, nor does your posting indicate whether a transcript of the proceedings was made, or what the judge stated from the bench in making his or her ruling.
What to do now depends on where the last judge sat. If he was in the J&DR Court, you have 10 days to note your appeal to the Circuit Court, where you can get a complete new hearing on the custody question; if the presiding judge was in Circuit Court, your only appeal is to the Court of Appeals, which will require a transcript or a statement of facts. Also, you don't get a complete new trial in the Court of Appeals; you can only argue that the Circuit Judge made a mistake.
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