Does lack of co-parenting justify a modification of child custody in Virginia?
Not necessarily according to Piccirillo v. Atkins, Record No. 2064-09-4, http://www.courts.state.va.us/opinions/opncavwp/2064094.pdf , an unpublished case in which the Virginia Court of Appeals summarily affirmed the Virginia Circuit Court’s ruling granting physical custody of the parties’ child to the father. Although the Virginia courts generally encourage co-parenting between parents and would like a child to have a close and continuing relationship with two fit parents, a lack of communication and co-parenting on the part of one parent will not necessarily result in a change of custody from that parent to the cooperative parent, if the best interests of the child are served by being in the custody of the non-cooperative parent. The mother alleged four counts in which the trial court erred: (1) awarding custody to the father in light of the evidence and Virginia Code §20-124.3 factors http://leg1.state.va.us/000/cod/20-124.3.HTM; (2) not considering the father’s unilateral and decep
