Virginia Senate Bill SB113

Virginia 2022 Regular Session

• Introduced: 1/6/22
• Refer: 1/6/22

Caption

Custody and visitation of a minor; grandparents petitions referred by court to mediation.

Impact

The bill amends existing statutes to create a clearer process for handling custody and visitation cases involving grandparents, enabling them to petition the courts more effectively. By incorporating mediation into this process, the legislation seeks to foster a more cooperative family environment and reduce adversarial proceedings. This change aligns with modern trends in family law, which advocate for non-litigious resolutions and the involvement of extended family members in child-rearing.

Summary

Senate Bill 113 addresses the custody and visitation rights of grandparents in Virginia. The bill includes provisions for mediation when grandparents petition for visitation or custody of their grandchildren, ensuring that disputes are resolved amicably and without immediate litigation. The focus on mediation serves to reduce court congestion while prioritizing the child's best interests in custody decisions. Additionally, the bill outlines the criteria under which courts may award custody or visitation, emphasizing that no presumption will favor either parent.

Contention

One point of contention surrounding SB113 may arise regarding the conditions under which grandparents can initiate custody or visitation applications, particularly when a natural or adoptive parent is deceased or incapacitated. Critics might argue that this provision could open the door for potential disputes over parental consent and may complicate matters regarding the definition of 'incapacitated'. Additionally, the balance of power between parents and grandparents in custodial decisions might lead to disagreements about the role of extended family in child upbringing.