Child custody, shared; establishes a presumption that award thereof is in best interests of child. (HB1787)

Introduced By

Del. Bob Tata (R-Virginia Beach)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Shared child custody.  Establishes a presumption in child custody cases that an award of joint legal and physical custody, with physical custody, to the extent feasible, shared equally between the parties, is in the best interests of the child. Read the Bill »


Bill Has Failed


01/11/2011Prefiled and ordered printed; offered 01/12/11 11100262D
01/11/2011Referred to Committee for Courts of Justice
01/14/2011Assigned Courts sub: #2 Civil
01/19/2011Subcommittee recommends laying on the table
02/08/2011Left in Courts of Justice


marshamaines writes:

Yes. It's ABOUT TIME we take our Families Futures out of the hands of the back door money laundering chambers and BACK OUT into the open - FAMILY means FAMILY and ALL CHILDREN DESERVE BOTH PARENTS!

Paul A. Prados, Attorney at Law, tracking this bill in Photosynthesis, notes:

This bill is less remarkable for its proposed de facto result of child custody cases than it is for setting out a de facto result of any kind, which does not exist in the current code. If an automatic result to child custody cases is set will future legislatures manipulate that automatic result to their whims? If so litigants may find that pretrial case strategy will have to change at the last minute to counter or support the new set of automatic presumptions.

John Swallow writes:

Its sad for children, families, taxpayers, and already-overburdened state and local agencies that this bill didn't pass. It would have led to a markedly different divorce and custody landscape, greatly reducing the need for child support and increasing co-parenting. Its got to be great for lawyers in family practise!!