Best interests of the child; assuring frequent and continuing contact with both parents.
Impact
If enacted, the bill would significantly impact existing statutes related to custody and visitation in Virginia. It aims to create a structured approach for judges in custody hearings, emphasizing collaborative parenting and shared responsibilities. By mandating courts to take specific factors into account, the bill seeks to protect children’s relationships with both parents while also addressing the need for courts to prioritize the child's welfare. This could potentially lead to a greater number of joint custody arrangements among separating or divorcing parents.
Summary
House Bill 1493 proposes an amendment to §20-124.3 of the Code of Virginia, concerning child custody arrangements. The primary objective of the bill is to ensure that, when determining the best interests of a child in custody and visitation cases, courts are mandated to facilitate frequent and continued contact with both parents. This change seeks to emphasize the importance of both parental figures in a child's life while allowing the court to consider numerous factors that would influence custody decisions, particularly in cases where there is no evidence of abuse or neglect.
Contention
Despite its supportive intentions, HB 1493 faces notable contention. Proponents argue that the bill will enhance the welfare of children by promoting active involvement from both parents. However, critics are concerned about the potential risks in cases where one parent may pose a danger to the child or the other parent. The stipulation that courts should assure contact with both parents could be seen as undermining the protective measures for children in unsafe environments. As such, discussions around the bill have highlighted a fundamental debate on balancing parental rights with the need for child safety.