In this child custody proce ay grants the primary physical care an

Robin L. Tolerto
Dear Counsel:
RE: Steven P.
February 27,2007
In this child custody proce ay grants the primary physical care
and custody of ~ c ~ u l t ~ - -Myran to their mother,
ed to their father, Steven Paul
ody of both children. Sadly, the
litigants in this action are two highly educate their children dearly but
have demonstrated a total inability to make e ntal compromises. This
dy battle that has proven
destructive to their emotional well-being.
-
Court received evidence concerning the children's care and
The arties were married on November 16, 1991. Abo
A they welcomed into their family.
The father is a research professor at Old Domlnl
the field of educational research methodology. He earned hi
degree in 2000. The mother later earned her Doctor of Medicine
each parent supported the other during their respective periods of
lving the marriage
child custody and
mber 18, 2006, the

Page 2
I RE: Myran v. McNulty
The father describes his schedule as flexible. His work consists primarily of
ch, but at times he has provided services as a consultant. Following her graduation
er continued her training as a resident in obstetrics and
her to work long hours, at times totaling 80 hours per
voluntarily altered her career path by leaving her
idency in family practice. She made this change so
emanding and to ensure that she would have sufficient
father, he began an extra-marital relationship in 2003 with
-
s then one of e t t e r friends. That relationship
parties separated on February 2, 2004. The father and Ms.
ber 16, 2006, eight days aRer entry of the final divorce
decree dissolving thcparti iage and two days bkfore the custody hearing.
least half of the time with him. His
household may be des consisting of him and his wife her
two children by a prior relationship born onand
In cases such as this, when b ents are fit and have demonstrated the desire .
and ability to exert a positi nd upbringing of their children, "the
welfare of the infant is the primary,
court.. . ." Mullen v. Mullen, 188. Va.
controlling consideration of the
. It is also recognized that when
weighing "the right of a parent to custody and the right of a child to a
custodial care of a par
218 Va. 352,354 (1977).
r." McC~ee~y v. McCreery,
With this background, the Court will no the factors
prescribed in Virginia Code 5 20-124.3 for
this custody proceeding.
1. The age and physical and mental condition of the chil
to the child's changing developmental needs.
m
w a s b o r n . The guardian ad litem descri
terms: " is a quiet child who seems pensive, introspective,
articulate." My interview w i t h leads me to agree with this description,

RE: Myran v. McNulty
e domestic uncertainty
red him beyond his years.
n the two people who are,
physical condition is good. Because of the changing domestic situation,
emotional needs. Dr.
and reported a diagnosis of
arental divorce." While Dr.
does not see a need for
ve stability and reliability in his life. He advised his
ody arrangement by which he and w o u l d spend
during his communications
with me. It is, in the credible that parents who are so highly educated,
e are considered, have permitted a situation to
his parents' ineptitude.
litem offered the following
ic. She readily res onds to all
questions posed to b The
he is enthusiastic, energetic and
e n j o y s good health and carries no m diagnosis. Nevertheless,
she too demonstrates anxiety at her present dome When I interviewed the
children, a t first refused to come into my c
litem and therapist, Barbara Maury, L.C.S
already there. Later, she asked to come and join duri
Both parents escorted her to my chambers, and on
was clinging to both. It was evident that she was taking great pa
equally with each parent.
The age and physical and mental condition of each parent.

RE: Myran v. McNulty
The father is 44 years old. He has taken anti-depressant medication prescribed by
care physician but denies having suffered from depression. He also denies
ant physical illness. The Court observed nothing to refute his statements.
old. She has a history of depression that is controlled with
uicide attempt in the late 1980's resulting from situational
her health as good.
existing between each parent and each child, giving due
involvement with the child's lrfe, the ability to accurately
assess and meet t 1, intellectual and physical needs of the child.
olesome relationship with each child. The
nt, and each child depends on each parent
ical needs clearly are met. During their
on the appropriate psychological treatment
solve their disagreement in a timely manner.
met, and he appears to be much improved
tody issue is resolved, thus eliminating the
es in anticipation of litigation, there is every
reason to believe that the will adopt?%%ore cooperative spirit in their relationship as
parents of Y
4. The needs of the child, giving due c gg to other important relationships
of the child, including but not limited to siblings, peerfind extended family members.
With respect to both children, the circumst of the time in the
father's home with one infant half-sibling and their st
This situation becomes an even greater concern wh
relationship between the father and the stepmother
the children's present livin conditions and emotional
complicated by the fact that and the stepmot
- a friendship that evidently ended because of the relationship
stepmother.
Both children's love and affection for
diminished, although one detects a sadness whe
appear to be exceptionally close to each other, a ci
+ %r

Page 5
RE: Myran v. McNulty
siders the emotional turmoil to which they have been exposed. Neither n o r
xpresses any dislike for their stepmother or her children.
the other parent access
rent has played and will play in the future, in the upbringing
ayed signscant roles in the children's lives and there is
at each will continue to contribute significantly to the
children. Illustrative of the parents' dedication to the children
ed while the other was continuing professional education and
support the child's contact and
a parent has unreasonably denied
relationship with the other parent.
er believes that the children should
e; the mother believes that such a schedule is
7. The relative willingness and demo ent to maintain a
close and continuing relationship with each parent to
cooperate in and resolve disputes regardi
Clearly, both parents have amply demonst illingness to maintain close
relationships with the children. The fact that the d the parents continue to
enjoy a loving relationship is evidence of each pare y to foster the growth of
these relationships.
8. The reasonable preference of the child, zf the cou the child to be of
reasonable intelligence, understanding, age and experience 3 a preference.
Each child is capable of expressing a preference, and, inde
to be with each parent an equal amount of the time. The c
expressed their views on this issue to the Court. During my intervie
were never asked, directly or indirectly, to express any opinion abo
should not have their custody. In the Court's view, the childre
equal time with each parent reflects a desire to be neutral in their

istory of family abuse.
e children know more about this
xert some influence on them to
Both parents are loving and supportive of the children, and
that have and will continue to exert a beneficial influence on
cannot be seriously questioned.
Significantly, the father does not a1 effect of the domestic torment
he fostered upon the children.
same bed when the children are present. She
children's care and education.
her medical training to ensure that
ility for the children. She has a
In sum, with regard to the children, the mo
life, subordinating her own career and social life ntrast to the father,
she has demonstrated a mature, considered judgm
Having considered all of the evidence, the Court is inion that the
children's best interests will be served by granting their primary
mother with reasonable and liberal visitation reserved to the father.
agree on an appropriate visitation schedule, the Court is prepared to r
without further hearings. The Court also request that if the parties de
child support, that they schedule one without delay.

RE: Myran v. McNulty
Counsel are requested to submit an appropriate order not later than March 7,
Sincerely,
Charles E. Poston
Judge