Several new laws took effect in Virginia on July 1, 2024, that involve family law matters. Here is a synopsis:
CHANGES PERTAINING TO ADOPTION
First, Virginia Code §63.2-1201.1 is now gender neutral (references to “a man and a woman” have been removed). Second, hospitals are authorized to release a child to prospective adoptive parents when the birth parent has executed a health care power of attorney (instead of having to obtain a court order first, which sometimes takes weeks). Finally, a hearing must be held in 10 days instead of 45 days when a petition has been filed for the approval of an entrustment agreement by a local board of social services or a child welfare agency.
CALCULATION OF CHILD AND SPOUSAL SUPPORT OVERPAYMENTS
Any overpayment of child or spousal support must now be calculated and set forth in an order establishing or modify support.
CHILD SUPPORT AND PROTECTIVE ORDERS
When issuing a protective order, the court is now authorized to award, among other reliefs, temporary child support under Virginia Code § 16.1-279.1. Additionally, the code has clarified that “Such temporary child support order shall terminate upon the determination of support pursuant to § 20-108.1 or upon the termination of such protective order, whichever occurs first.”
MILITARY DIVORCE
Virginia Code §§ 20-124.7 and 20-108 have been amended to add the United States Space Force to the listed branches of the U.S. Armed Forces covered by the Virginia Military Parents Equal Protection Act. Previously, the only branches covered were the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any reserve component thereof.
PENDENTE LITE APPEALS
The Virginia Family Law Coalition conducted a study on appeals of interlocutory decrees or orders involving domestic relations matters in the Commonwealth in 2023 and has now released their findings. The study recommended that interlocutory appeals not be permitted as a matter of course in domestic relations cases but suggested one amendment to Virginia Code § 17.1- 405 – which already prohibited interlocutory orders in domestic relations matters. It recommended the statute be amended to clarify that the prohibition would not operate to negate Virginia Code § 8.01-675.5, which allows a circuit court to certify an order for interlocutory appeal.
COUNSEL IN CHILD DEPENDENCY CASES
When a child is the subject of a “child dependency” case, the Judicial Council must adopt standards for the qualification and performance of attorneys appointed to represent the parent or guardian of the child. Such a child must have been (1) alleged to have been abused or neglected; (2) alleged to be at risk of being abused or neglected by a parent or guardian who has abused or neglected another child in their care; (3) the subject of a petition for approval of an entrustment agreement; (4) the subject of a petition for relief of custody; (5) placed in foster care and is the subject of a foster care or permanency plan; and (6) the subject of a petition for termination of residual parental rights. The Judicial Council must also maintain a list of attorneys who are qualified to be appointed to represent indigent parents and guardians involved in such a case and make the names available to the court. When the court appoints counsel, they shall not be compensated more than $330, except for matters arising under § 16.1-283 where they can be compensated up to $680.
PROHIBITION OF CHILD MARRIAGE
The minimum age to marry for all marriages occurring after July 1, 2024, is 18. This makes Virginia the first Southern state to ban child marriage, and the 13th state overall to do so.
PROHIBITION OF MARRIAGE LICENSE DISCRIMINATION
Marriage licenses can no longer be denied based on sex, gender, or race. HB174 adds a new section to the Virginia Code, § 20-13.2, establishing that, “No person authorized by § 20-14 to issue a marriage license shall deny the issuance of such license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. Such lawful marriages shall be recognized in the Commonwealth regardless of the sex, gender, or race of the parties.” The Code does recognize a caveat, stating that “Religious organizations and members of the clergy acting in their religious capacity shall have the right to refuse to perform any marriage.”