Opinion
Record No. 2435-92-1
February 8, 1994
FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK LEONARD B. SACHS, JUDGE.
Reeves W. Mahoney (Timothy M. Richardson; Huff, Poole Mahoney, P.C., on briefs), for appellant.
(Gerald D. Pope, pro se, on brief).
Present: Judges Baker, Barrow and Bray.
Argued at Norfolk, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
The mother appeals an award of joint custody of the parties' seven-year-old daughter to both parents. We conclude that the trial court did not abuse its discretion.
The evidence relating to this issue is conflicting. The mother and father disagreed over many issues regarding their daughter's upbringing. However, an independent psychological report recommended liberal visitation with the father and stated, "Resolution and a striving for relative normalcy is within their grasp." Furthermore, the commissioner recommended joint legal custody, with primary physical custody to the mother and liberal visitation for the father, because of the good relationship both parents have with the child and the equal role both have played in the upbringing of the child. The trial court, after considering all of the criteria required by Code § 20-107.2, confirmed the decision of the commissioner.
Code § 20-107.2 allows a court to make a decree concerning the custody, visitation and support of the parties' minor children based upon a consideration of certain enumerated factors. In making such an award, however, the court must "give primary consideration to the welfare of the child or children." Id.See M.E.D. v. J.P.M., 3 Va. App. 391, 396, 350 S.E.2d 215, 219 (1986).
On appeal, the Court must view the evidence in the light most favorable to the prevailing party and reverse only if the trial court's decree is plainly wrong or is without evidence to support it. Wilson v. Wilson, 12 Va. App. 1251, 1254, 408 S.E.2d 576, 578 (1991). If any credible evidence supports the trial court's determination, the decision of the trial court must be upheld. Ford v. Ford, 14 Va. App. 551, 556, 419 S.E.2d 415, 418 (1992).
The trial court considered all of the factors required by Code § 20-107.2. Furthermore, the evidence of the independent psychological report, the good relationship both parents have with the child and the equal role both have played in the upbringing of the child support the decision that joint custody is in the best interest of the child. Consequently, we hold that the trial court did not abuse its discretion in awarding the parents joint custody of their child. The decree appealed from is affirmed.
Affirmed.