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Domestic Relations

Passed

P HB1034

Determination of child support. Allows a reduction in gross income for half of the self-employment tax paid in determining child support obligations.
Patron - Crittenden

Failed

F HB296

Premarital counseling; affidavit. Requires a couple to receive, prior to the marriage, a minimum of eight hours of counseling concerning the nature and responsibilities of a marital relationship.
Patron - McDonnell

F HB417

Child custody and visitation; factors for determining best interests of the child. Adds several additional factors including consideration of (i) parental alienation syndrome (a disturbance in which a child is obsessed with deprecation and criticism of a parent and denigration that is unjustified or exaggerated); (ii) whether one parent has alienated the child's respect, confidence, affection and attachment for the other parent resulting in hostile or indifferent behavior; and (iii) any parenting action plan submitted by both or each parent that sets forth parental decision-making, parenting time, financial responsibilities, and residential arrangements for the child. The bill also requires the court, in its written order, to articulate the factors considered including an explanation of why frequent and continuing contact with both parents is not appropriate.
Patron - Reese

F HB447

Child custody and visitation; relocation. Provides that relocation that extends the distance between the parents to greater than 25 miles or outside the state, or that impedes or prevents the exercise of a court order for visitation constitutes a material change of circumstances sufficient to allow a court to change custody or visitation. The bill lists factors that the court must consider before permitting a change in the child's legal residence.
Patron - Jones, J.C.

F HB458

Child custody and visitation; relocation. Provides that relocation that extends the existing distance between the parents by more than 50 miles, or from inside to outside the state, or that impedes or prevents the exercise of a court order for visitation constitutes a material change of circumstances sufficient to allow a court to change custody or visitation. The bill lists factors that the court must consider before permitting a change in the child's legal residence.
Patron - Griffith

F HB600

Encouragement or requirement to abort a fetus. Provides that any provision in a surrogacy contract requiring or encouraging the surrogate to abort a fetus, under any circumstance, is void ab initio.
Patron - Black

F HB831

Child custody and visitation. Establishes a rebuttable presumption that both parents shall share equitably in child-rearing responsibilities. The bill also provides that time with the child may be supervised if a parent is found guilty of child abuse or neglect.
Patron - Nixon

F HB998

Child support. Authorizes the court to appoint counsel for the defendant against whom a warrant or summons has been issued in child support cases.
Patron - McDonnell

F HB1132

F HB1138

F HB1143

Child custody and visitation. Amends the criminal penalty provision for violation of a court order respecting the custody or visitation of a child by providing that the sworn statement of any person, administered under oath, supported by a party's affidavit and verification of the court order, constitutes sufficient probable cause for the issuance of a warrant and by raising the penalties for violations. This bill is incorporated into HB 416.
Patron - Dillard

F SB277

F SB545

Testimony of teachers in custody or visitation cases. Provides that prior to issuing a subpoena for a teacher to testify at a deposition regarding the custody or visitation of a child, the issuing party must contact the teacher to determine the teacher's schedule and unless otherwise ordered by the court, ensure that the testimony is scheduled at a time that does not conflict with the teacher's teaching schedule. If the issuing party fails to make such contact the subpoena may be quashed and attorney's fees may be awarded against the issuing party.
Patron - Mims

Carried Over

C HB610

Uniform Interstate Family Support Act (UIFSA). Updates the Act, which Virginia adopted in 1994 to replace the Uniform Reciprocal Enforcement of Support Act. The amendments were proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) at its 2001 annual meeting. The changes are mainly clarifying and updating UIFSA to reflect changes in federal law. The purpose of the act is to limit modification of child support orders to a single state to reduce the number of interstate jurisdictional disputes. Except in narrowly defined circumstances, the only state able to modify a support order is the one that continues to have exclusive jurisdiction over the matter. This bill expands the definition of state so other countries may have their orders enforced in the U.S. It also allows for an individual state to make an arrangement with a foreign country for reciprocal enforcement of child support. The bill includes procedures for voluntary acknowledgement of paternity.
Patron - Bloxom

C HB626

No fault divorce. Provides that the court shall not order attorney's fees in any "no-fault" divorce.
Patron - O'Brien

C SB98

Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. Furthers the "full faith and credit" provision of the federal Violence Against Women Act of 1994 regarding protection orders issued by states to ensure that full faith and credit is effectively given to protection orders. The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was adopted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in August 2000. The Act establishes a uniform system for the enforcement of domestic violence protection orders across state lines. The Act defines the meaning of full faith and credit as it relates to the interstate enforcement of domestic violence protection orders and establishes uniform procedures for interstate enforcement. Courts must enforce the terms of valid protection orders of other states as if they were entered by the enforcing state, until the order expires. All terms of the order are to be enforced, even if the order provides for relief that would be unavailable under the laws of the enforcing state. Terms that concern custody and visitation matters are enforceable if issued for protection purposes and if the order meets the jurisdictional requirements of the enforcing state. Terms of the order made with respect to support are enforceable under the Uniform Interstate Family Support Act. A law-enforcement officer, upon finding probable cause that a valid order has been violated, must enforce the order as if it were an order of the enforcing state. Law-enforcement officers, governmental agencies, attorneys for the Commonwealth, clerks of court, and other officials are protected from civil and criminal liability for enforcement of a protection order in good faith. So far the act has been adopted by California, Indiana, Montana and Texas. It has been introduced in seven other states, including West Virginia and the District of Columbia.
Patron - Howell

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2002 SUMMARY HOME | DLS | GENERAL ASSEMBLY