Opinion
Record No. 0081-94-4
Decided: July 12, 1994
FROM THE CIRCUIT COURT OF PRINCE WILLIAM COUNTY, William D. Hamblen, Judge
Affirmed.
(Stephen M. Farmer, on briefs), for appellant.
(Betty Moore Sandler; Nichols, Bergere Zauzig, on brief), for appellee.
Present: Judges Barrow, Koontz and Bray
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
Nancy Ellen Smith, now known as Nancy Ellen Harris (mother) appeals the decision of the circuit court granting the motion of Robert A. Smith (father) to modify visitation. Upon reviewing the record and briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily affirm the decision of the trial court. Rule 5A:27.
Mother asserts the trial court abused its discretion by modifying the visitation schedule so as to allow her sons' participation in "previously scheduled sporting events" during their weekend visitations with her.
"Although each dispute concerning custody and visitation presents unique circumstances, the court's judgment in every case is guided by a single, unvarying standard:
[T]he welfare of the infant is the primary, paramount, and controlling consideration of the court in all controversies between parents over the custody of their minor children. All other matters are subordinate."
M.E.D. v. J.P.M., 3 Va. App. 391, 396, 350 S.E.2d 215, 219 (1986) (citation omitted). The circuit court's determination whether modification of visitation was in the children's best interests falls within its discretion "and is reversible only upon a showing that the court abused its discretion." Id. at 398, 350 S.E.2d at 220.
The record of the proceedings indicates that the trial court's goal was to minimize the trauma to the children and allow their continued participation in "a longstanding and serious endeavor." The trial court thus properly focused on the best interests of the children. Moreover, the trial court did not require mother to bear the full financial expense of transporting the children to the games, as father is to reimburse mother by paying one-half her mileage cost. Finally, the trial court's decision reflects its opinion that denying the requested modification would weaken, not strengthen, mother's bonds with her sons.
Therefore, we cannot say the trial court abused its discretion by modifying the visitation schedule to allow the children to continue participating in weekend extra-curricular activities.
Mother also argues that the trial court failed to consider the factors listed in Code Sec. 20-107.2 in making its determination. As this issue is raised for the first time on appeal, the Court will not consider that argument. Jacques v. Commonwealth, 12 Va. App. 591, 593, 405 S.E.2d 630, 631 (1991) (citing Rule 5A:18).
Accordingly, the decision of the circuit court is affirmed.
Affirmed.