Legal Question in Family Law in Virginia

Re: Child custody

Your fact pattern is an excellent example of why someone should use an attorney in a custody dispute. The guiding principle in child custody and visitation cases is the best interest of the child. You have listed various reasons why your husband should have custody and why your husband�s ex-wife should not have custody. Unfortunately, you cannot stand up in court at your hearing and simply recite these reasons to the judge and expect a change in custody. As the party seeking a change in custody, your husband must develop and introduce evidence supporting these reasons. This is the role of the attorney, who is familiar with the laws of evidence and procedure and can help your husband develop a presentable case.

Regarding your husband�s ex-wife�s mental condition, Virginia Code Section 20-124.2 provides as follows:

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.

Virginia Code � 20-124.2

A Virginia court shall consider the following factors in determining custody or visitation: 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. 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. Virginia Code � 20-124.3