§ 16.1-278.15. Custody or visitation, child or spousal support generally.
A. In cases involving the custody, visitation or support of a child pursuantto subdivision A 3 of § 16.1-241, the court may make any order of dispositionto protect the welfare of the child and family as may be made by the circuitcourt. The parties to any petition where a child whose custody, visitation,or support is contested shall show proof that they have attended within the12 months prior to their court appearance or that they shall attend within 45days thereafter an educational seminar or other like program conducted by aqualified person or organization approved by the court. The court may requirethe parties to attend such seminar or program in uncontested cases only ifthe court finds good cause. The seminar or other program shall be a minimumof four hours in length and shall address the effects of separation ordivorce on children, parenting responsibilities, options for conflictresolution and financial responsibilities. Once a party has completed oneeducational seminar or other like program, the required completion ofadditional programs shall be at the court's discretion. Parties under thissection shall include natural or adoptive parents of the child, or any personwith a legitimate interest as defined in § 20-124.1. The fee charged a partyfor participation in such program shall be based on the party's ability topay; however, no fee in excess of $50 may be charged. Whenever possible,before participating in mediation or alternative dispute resolution toaddress custody, visitation or support, each party shall have attended theeducational seminar or other like program. The court may grant an exemptionfrom attendance of such program for good cause shown or if there is noprogram reasonably available. Other than statements or admissions by a partyadmitting criminal activity or child abuse or neglect, no statement oradmission by a party in such seminar or program shall be admissible intoevidence in any subsequent proceeding. If support is ordered for a child, theorder shall also provide that support will continue to be paid for a childover the age of 18 who is (i) a full-time high school student, (ii) notself-supporting, and (iii) living in the home of the parent seeking orreceiving child support, until the child reaches the age of 19 or graduatesfrom high school, whichever occurs first. The court may also order thecontinuation of support for any child over the age of 18 who is (a) severelyand permanently mentally or physically disabled, (b) unable to liveindependently and support himself, and (c) resides in the home of the parentseeking or receiving child support.
B. In any case involving the custody or visitation of a child, the court mayaward custody upon petition to any party with a legitimate interest therein,including, but not limited to, grandparents, stepparents, former stepparents,blood relatives and family members. The term "legitimate interest" shall bebroadly construed to accommodate the best interest of the child. Theauthority of the juvenile court to consider a petition involving the custodyof a child shall not be proscribed or limited where the custody of the childhas previously been awarded to a local board of social services.
C. In any determination of support obligation under this section, the supportobligation as it becomes due and unpaid creates a judgment by operation oflaw. Such judgment becomes a lien against real estate only when docketed inthe county or city where such real estate is located. Nothing herein shall beconstrued to alter or amend the process of attachment of any lien on personalproperty.
D. Orders entered prior to July 1, 2008, shall not be deemed void or voidablesolely because the petition or motion that resulted in the order wascompleted, signed and filed by a nonattorney employee of the Department ofSocial Services.
E. In cases involving charges for desertion, abandonment or failure toprovide support by any person in violation of law, disposition shall be madein accordance with Chapter 5 (§ 20-61 et seq.) of Title 20.
F. In cases involving a spouse who seeks spousal support after havingseparated from his spouse, the court may enter any appropriate order toprotect the welfare of the spouse seeking support.
G. In any case or proceeding involving the custody or visitation of a child,the court shall consider the best interest of the child, including theconsiderations for determining custody and visitation set forth in Chapter6.1 (§ 20-124.1 et seq.) of Title 20.
H. In any proceeding before the court for custody or visitation of a child,the court may order a custody or a psychological evaluation of any parent,guardian, legal custodian or person standing in loco parentis to the child,if the court finds such evaluation would assist it in its determination. Thecourt may enter such orders as it deems appropriate for the payment of thecosts of the evaluation by the parties.
I. When deemed appropriate by the court in any custody or visitation matter,the court may order drug testing of any parent, guardian, legal custodian orperson standing in loco parentis to the child. The court may enter suchorders as it deems appropriate for the payment of the costs of the testing bythe parties.
(1991, c. 534; 1992, cc. 585, 716, 742; 1994, c. 769; 1996, cc. 767, 879,884; 2000, c. 586; 2002, c. 300; 2003, cc. 31, 45; 2004, c. 732; 2008, cc.136, 845.)
§ 16.1-278.15. Custody or visitation, child or spousal support generally.
A. In cases involving the custody, visitation or support of a child pursuantto subdivision A 3 of § 16.1-241, the court may make any order of dispositionto protect the welfare of the child and family as may be made by the circuitcourt. The parties to any petition where a child whose custody, visitation,or support is contested shall show proof that they have attended within the12 months prior to their court appearance or that they shall attend within 45days thereafter an educational seminar or other like program conducted by aqualified person or organization approved by the court. The court may requirethe parties to attend such seminar or program in uncontested cases only ifthe court finds good cause. The seminar or other program shall be a minimumof four hours in length and shall address the effects of separation ordivorce on children, parenting responsibilities, options for conflictresolution and financial responsibilities. Once a party has completed oneeducational seminar or other like program, the required completion ofadditional programs shall be at the court's discretion. Parties under thissection shall include natural or adoptive parents of the child, or any personwith a legitimate interest as defined in § 20-124.1. The fee charged a partyfor participation in such program shall be based on the party's ability topay; however, no fee in excess of $50 may be charged. Whenever possible,before participating in mediation or alternative dispute resolution toaddress custody, visitation or support, each party shall have attended theeducational seminar or other like program. The court may grant an exemptionfrom attendance of such program for good cause shown or if there is noprogram reasonably available. Other than statements or admissions by a partyadmitting criminal activity or child abuse or neglect, no statement oradmission by a party in such seminar or program shall be admissible intoevidence in any subsequent proceeding. If support is ordered for a child, theorder shall also provide that support will continue to be paid for a childover the age of 18 who is (i) a full-time high school student, (ii) notself-supporting, and (iii) living in the home of the parent seeking orreceiving child support, until the child reaches the age of 19 or graduatesfrom high school, whichever occurs first. The court may also order thecontinuation of support for any child over the age of 18 who is (a) severelyand permanently mentally or physically disabled, (b) unable to liveindependently and support himself, and (c) resides in the home of the parentseeking or receiving child support.
B. In any case involving the custody or visitation of a child, the court mayaward custody upon petition to any party with a legitimate interest therein,including, but not limited to, grandparents, stepparents, former stepparents,blood relatives and family members. The term "legitimate interest" shall bebroadly construed to accommodate the best interest of the child. Theauthority of the juvenile court to consider a petition involving the custodyof a child shall not be proscribed or limited where the custody of the childhas previously been awarded to a local board of social services.
C. In any determination of support obligation under this section, the supportobligation as it becomes due and unpaid creates a judgment by operation oflaw. Such judgment becomes a lien against real estate only when docketed inthe county or city where such real estate is located. Nothing herein shall beconstrued to alter or amend the process of attachment of any lien on personalproperty.
D. Orders entered prior to July 1, 2008, shall not be deemed void or voidablesolely because the petition or motion that resulted in the order wascompleted, signed and filed by a nonattorney employee of the Department ofSocial Services.
E. In cases involving charges for desertion, abandonment or failure toprovide support by any person in violation of law, disposition shall be madein accordance with Chapter 5 (§ 20-61 et seq.) of Title 20.
F. In cases involving a spouse who seeks spousal support after havingseparated from his spouse, the court may enter any appropriate order toprotect the welfare of the spouse seeking support.
G. In any case or proceeding involving the custody or visitation of a child,the court shall consider the best interest of the child, including theconsiderations for determining custody and visitation set forth in Chapter6.1 (§ 20-124.1 et seq.) of Title 20.
H. In any proceeding before the court for custody or visitation of a child,the court may order a custody or a psychological evaluation of any parent,guardian, legal custodian or person standing in loco parentis to the child,if the court finds such evaluation would assist it in its determination. Thecourt may enter such orders as it deems appropriate for the payment of thecosts of the evaluation by the parties.
I. When deemed appropriate by the court in any custody or visitation matter,the court may order drug testing of any parent, guardian, legal custodian orperson standing in loco parentis to the child. The court may enter suchorders as it deems appropriate for the payment of the costs of the testing bythe parties.
(1991, c. 534; 1992, cc. 585, 716, 742; 1994, c. 769; 1996, cc. 767, 879,884; 2000, c. 586; 2002, c. 300; 2003, cc. 31, 45; 2004, c. 732; 2008, cc.136, 845.)
§ 16.1-278.15. Custody or visitation, child or spousal support generally.
A. In cases involving the custody, visitation or support of a child pursuantto subdivision A 3 of § 16.1-241, the court may make any order of dispositionto protect the welfare of the child and family as may be made by the circuitcourt. The parties to any petition where a child whose custody, visitation,or support is contested shall show proof that they have attended within the12 months prior to their court appearance or that they shall attend within 45days thereafter an educational seminar or other like program conducted by aqualified person or organization approved by the court. The court may requirethe parties to attend such seminar or program in uncontested cases only ifthe court finds good cause. The seminar or other program shall be a minimumof four hours in length and shall address the effects of separation ordivorce on children, parenting responsibilities, options for conflictresolution and financial responsibilities. Once a party has completed oneeducational seminar or other like program, the required completion ofadditional programs shall be at the court's discretion. Parties under thissection shall include natural or adoptive parents of the child, or any personwith a legitimate interest as defined in § 20-124.1. The fee charged a partyfor participation in such program shall be based on the party's ability topay; however, no fee in excess of $50 may be charged. Whenever possible,before participating in mediation or alternative dispute resolution toaddress custody, visitation or support, each party shall have attended theeducational seminar or other like program. The court may grant an exemptionfrom attendance of such program for good cause shown or if there is noprogram reasonably available. Other than statements or admissions by a partyadmitting criminal activity or child abuse or neglect, no statement oradmission by a party in such seminar or program shall be admissible intoevidence in any subsequent proceeding. If support is ordered for a child, theorder shall also provide that support will continue to be paid for a childover the age of 18 who is (i) a full-time high school student, (ii) notself-supporting, and (iii) living in the home of the parent seeking orreceiving child support, until the child reaches the age of 19 or graduatesfrom high school, whichever occurs first. The court may also order thecontinuation of support for any child over the age of 18 who is (a) severelyand permanently mentally or physically disabled, (b) unable to liveindependently and support himself, and (c) resides in the home of the parentseeking or receiving child support.
B. In any case involving the custody or visitation of a child, the court mayaward custody upon petition to any party with a legitimate interest therein,including, but not limited to, grandparents, stepparents, former stepparents,blood relatives and family members. The term "legitimate interest" shall bebroadly construed to accommodate the best interest of the child. Theauthority of the juvenile court to consider a petition involving the custodyof a child shall not be proscribed or limited where the custody of the childhas previously been awarded to a local board of social services.
C. In any determination of support obligation under this section, the supportobligation as it becomes due and unpaid creates a judgment by operation oflaw. Such judgment becomes a lien against real estate only when docketed inthe county or city where such real estate is located. Nothing herein shall beconstrued to alter or amend the process of attachment of any lien on personalproperty.
D. Orders entered prior to July 1, 2008, shall not be deemed void or voidablesolely because the petition or motion that resulted in the order wascompleted, signed and filed by a nonattorney employee of the Department ofSocial Services.
E. In cases involving charges for desertion, abandonment or failure toprovide support by any person in violation of law, disposition shall be madein accordance with Chapter 5 (§ 20-61 et seq.) of Title 20.
F. In cases involving a spouse who seeks spousal support after havingseparated from his spouse, the court may enter any appropriate order toprotect the welfare of the spouse seeking support.
G. In any case or proceeding involving the custody or visitation of a child,the court shall consider the best interest of the child, including theconsiderations for determining custody and visitation set forth in Chapter6.1 (§ 20-124.1 et seq.) of Title 20.
H. In any proceeding before the court for custody or visitation of a child,the court may order a custody or a psychological evaluation of any parent,guardian, legal custodian or person standing in loco parentis to the child,if the court finds such evaluation would assist it in its determination. Thecourt may enter such orders as it deems appropriate for the payment of thecosts of the evaluation by the parties.
I. When deemed appropriate by the court in any custody or visitation matter,the court may order drug testing of any parent, guardian, legal custodian orperson standing in loco parentis to the child. The court may enter suchorders as it deems appropriate for the payment of the costs of the testing bythe parties.
(1991, c. 534; 1992, cc. 585, 716, 742; 1994, c. 769; 1996, cc. 767, 879,884; 2000, c. 586; 2002, c. 300; 2003, cc. 31, 45; 2004, c. 732; 2008, cc.136, 845.)
