Domestic Relations

Passed

P SB188

Virginia Military Parents Equal Protection Act; creation. Allows a court to enter a temporary order modifying custody or visitation based on a parent's deployment. Upon the motion of the deploying parent returning from deployment, the court shall hold an expedited hearing within 30 days. At the hearing, the nondeploying parent bears the burden of showing that reentry of the custody or visitation order in effect before the deployment is no longer in the child's best interests. The bill also requires that any temporary custody or visitation order entered pursuant to this Act shall provide that (i) the nondeploying parent shall reasonably accommodate the leave schedule of the deploying parent, (ii) the nondeploying parent shall facilitate telephonic and electronic mail contact between the child and the deploying parent, and (iii) the deploying parent shall provide timely information regarding his leave schedule to the deploying parent. This bill incorporates SB 170.
Patron - Herring

P SB313

Child support; exemption; parents who are imprisoned for life. Clarifies that only parents who are imprisoned for life with no chance of parole are exempted from paying the presumptive minimum child support obligation of $65 per month. Currently, all parents who are imprisoned with no chance of parole are exempted.
Patron - Edwards

P SB328

Divorce; service by indigents. Provides that in a suit for annulment, divorce, or affirmance of a marriage, if a plaintiff is indigent and the defendant is not a resident of the Commonwealth or cannot be located, the order stating the object of the suit and grounds thereof shall, in lieu of publication, be mailed to the defendant at his last known address and posted on the courthouse door.
Patron - Quayle

P SB330

Admissibility of mental health care records in custody and visitation cases. Repeals the current law that provides that in any case in which custody or visitation of a child is at issue, the mental health records concerning a parent shall be privileged and confidential and the mental health care provider may not be required to testify on behalf of or against a parent or any of the parent's adult relatives. This bill incorporates SB 331.
Patron - Quayle

P SB608

Crimes; effect of subsequent marriage to child over 14 years of age. Repeals the code section that provides a defense to carnal knowledge of a child 14 years of age or older when there is a subsequent marriage of the victim and the perpetrator. HB 597 is identical.
Patron - Stolle

Failed

F HB729

Marriage license. Requires that the marriage record prepared by the clerk in issuing a marriage license include the last four digits of the social security number of each party if such number has been issued to the party by the Social Security Administration.
Patron - Scott, E.T.

F HB1325

F SB170

Custody and visitation; modification based on active military duty. Provides that a court cannot modify a custody or visitation order when one parent is on active military duty; however, a court may enter a temporary order modifying the prior custody or visitation order if it is in the best interests of the child. Any such temporary order expires upon the termination of the parent's active military duty, and the prior order is reinstated. Any such temporary order may also include a delegation of the visitation rights of a parent on active military duty to another person with a legitimate interest. This bill has been incorporated into SB 188.
Patron - Blevins

F SB331

Admissibility of mental health care records in custody and visitation cases. Repeals the current law, which provides that in any case in which custody or visitation of a child is at issue, the mental health records concerning a parent shall be privileged and confidential and the mental health care provider may not be required to testify on behalf of or against a parent or any of the parent's adult relatives. This bill has been incorporated into SB 330.
Patron - Cuccinelli

F SB629

Child support; incarcerated parents. Provides that the child support payments of a parent who is sentenced to a term of incarceration of at least six months shall be tolled during the term of incarceration upon the motion or request of the parent. Child support payments that are tolled continue to accrue during the term of incarceration and, upon the parent's release, the amount of his support arrearages shall be calculated and a payment plan shall be established. The provisions of the bill will become effective only if an appropriation of general funds effectuating the purposes of the bill is included in a general appropriations act.
Patron - Ticer

Carried Over

C HB700

Child support; incarcerated obligor. Provides that a court shall recalculate the child support obligation of an obligor who is incarcerated during the support period, the recalculation being retroactive to the date of incarceration. This bill also provides that prisoners and minor obligors are exempt from various fees and costs that may be collected by the Department of Social Services in enforcing support obligations. This bill further provides that reductions in the child support arrearages owed by prisoners and minor obligors should be granted for timely payments of support. Preference for placement in work programs will be given to otherwise qualified prisoners who have child support obligations.
Patron - BaCote

C HB1074

Expedited hearings; active duty military. Provides that persons on active duty military may motion the court for an expedited hearing on custody and visitation matters.
Patron - Suit

C SB725

Grounds for divorce; minor children. Provides that a married couple who have minor children may not obtain a divorce based on separation if the other party files a written objection with the court.
Patron - Cuccinelli

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Domestic Relations

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