8.1 Introduction

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

8.1 INTRODUCTION

8.101 Advising Client About Child Custody Disputes. The client should be advised that all decisions regarding a child's custody or visitation or parenting time schedule should be guided by the "best interests" of the child. ¹ If the parents are unable to reach an agreement concerning their child, they should use other means to resolve the issues that will cause the least amount of harm to family members. This may entail seeking professional advice from a child development specialist or participating in family counseling in an effort to reach accommodations that will serve the best interests of the child.

If the parents are unable to resolve their differences with each other, they should authorize their attorneys to negotiate a satisfactory custody or visitation arrangement. The client should also be counseled about alternative dispute resolution methods, such as mediation. ² Mediation is a process well-suited to resolving child custody and visitation disputes in most cases, and trial courts are directed to refer child custody and visitation disputes to mediation where appropriate. ³ The goals of mediation in child custody and visitation matters may include the development of a proposal addressing the child's residential schedule and care arrangements and how disputes between the parents will be handled in the future. ⁴

If a court is called upon by the parents to resolve the custody or visitation dispute, the court will require the parents to participate in an educational session designed to help them appreciate their responsibilities and the likely effects of separation or divorce on their child. ⁵ If the dispute is not

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resolved by an agreement of the parties, the court will conduct an evidentiary hearing and will decide the dispute for the parents. In doing so, the court should provide "prompt adjudication." ⁶ Where practical, and consistent with the ends of justice, the court should use procedures to determine custody and visitation arrangements that "preserve the dignity and resources of family members." ⁷ The court should "assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage the parents to share in the responsibilities of rearing their children." ⁸

Counsel should advise the client that the client's anger toward the other parent may have adverse effects on the child while the dispute is unresolved, and perhaps even later. Counsel should talk with the client about...