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

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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,