An Act to amend and reenact § 20-124.2 of the Code of Virginia, relating to custody and visitation arrangements for minor; custody evaluation; report.
HB768 amends Virginia’s child custody and visitation statute, § 20-124.2, governing how courts decide custody, visitation, and related support issues for minor children. The bill preserves the existing “best interests of the child” standard and the general rule that there is no presumption favoring either parent or any particular custody arrangement, while also retaining provisions encouraging mediation and frequent, continuing contact with both parents when appropriate.
The bill also addresses several specific custody-related issues. It authorizes courts to use the term “parenting time” as synonymous with “visitation,” clarifies a process for grandparent visitation when a parent is deceased or incapacitated, and expressly permits courts to order custody evaluations or independent mental health or psychological evaluations to assist in determining the child’s best interests. In addition, it expands and clarifies child support provisions, including support for adult children in limited circumstances, support for children with severe disabilities, and the ability to direct support payments to a special needs trust or ABLE savings trust account upon request.
HB768 amends § 20-124.2 of the Code of Virginia, which is a central statute in domestic relations law. Its practical effect is to give courts additional tools in custody and visitation disputes, including express authority to order custody and psychological evaluations and to consider evidence of a deceased or incapacitated parent’s consent in certain grandparent visitation cases. It also reinforces and refines child support rules, including support continuation for certain adult children and the option to route support into special needs or ABLE accounts, affecting parents, children with disabilities, grandparents seeking visitation, and family court practitioners.
The available record shows no committee transcript or recorded vote breakdown, so there is no documented opposition or debate in the materials provided. The bill’s final enactment as Chapter 1116 suggests it was accepted by the General Assembly and approved by the Governor. Based on the text, the measure appears to be a technical and substantive family-law update rather than a controversial policy change, with a focus on court procedure, child welfare, and support administration.
No specific points of contention are reflected in the provided transcripts or votes. Potential areas that could generate debate, based on the bill text, include the expanded use of custody evaluations, the evidentiary rule for grandparent visitation after a parent’s death or incapacity, and the court’s authority to order ongoing support for adult children with disabilities or to direct payments into special needs or ABLE accounts. However, the record supplied does not identify any particular legislator, stakeholder, or committee member taking a contrary position.