Chap. 171.—An ACT to amend and re-enact Sections 5327, 5328 and 5329 of tl
Code of Virginia, relating to custody of and access to minor children in ce
tain cases, to make certain changes in jurisdiction and rights of parents ar
others. [H 29

Approved March 9, 1944

Be it enacted by the General Assembly of Virginia :

1. That sections fifty-three hundred twenty-seven, fifty-three hw
dred twenty-eight and fifty-three hundred twenty-nine of the Code
Virginia be amended and re-enacted, as follows:

Section 5327. Custody of minor child when parents are separated.—
When any husband and wife live in a state of separation, without bein
divorced, and have a minor child or children of the marriage, any cou:
of record having equity jurisdiction in, or the Juvenile and Domest
Relations Court of, the city or county in which the child or children ar
or the judge in vacation, may, in the discretion of the court.or judg
upon the petition of the mother or father, award to the petitioner tl
custody and control of the child or children for such tune, under suc
regulations and restrictions, and with such provisions and directions. <
the case requires and as will best promote the welfare of the child «
children, and as between the parents there shall be no presumption 1
favor of either. The court or judge in the enforcement of its orders ma
direct its officer to take possession of the child or children and dispo:
of them as it directs.

Section 5328. Access by certain persons to child in custody of ar
ather.—The court or judge in vacation, upon the petition of a paret
when any minor child is in the sole custody of the other parent or of an
one by his or her authority, or of any guardian of the child or chiidre
the father or mother being dead, may make an order or orders for th
access of the petitioner to the minor child or children at such times and
subject to such regulations and restrictions as one deemed just and
proper.

Section 5329. Notice to be given of application; control of court
over its order.—No such order or orders touching the custody of the
child or children or the access of either parent thereto shall be made,
except upon reasonable notice to the father or mother or other person
having custody of the child or children. At any time after making any
such order or orders the court or judge in vacation, for good cause shown,
may vary, modify or annul same.