Themis Essay 931

Question 1

Child custody is governed by

Answer 1

the “best interests of the child” standard.

Question 2

A parent’s immoral conduct, like adultery, will not

Answer 2

affect custody unless a nexus exists to the child’s well being.

Question 3

Fault by either party (felony conviction, adultery, desertion, or cruelty) must be

Answer 3

considered by a Virginia court determining whether to award spousal support.

Question 4

No spousal support may be awarded to a spouse who commits adultery, unless

Answer 4

the court determines from clear and convincing evidence that denial of spousal support to the guilty party would constitute a “manifest injustice” based on (i) the spouses’ respective degrees of fault and (ii) the existence of extreme economic disparity between the parties.