Burnside v. Burnside

216 Va. 691 (1976)

SHARON LYNN BURNSIDE

v.

WILLIAM MALDEN BURNSIDE.

Record No. 750358.

Supreme Court of Virginia.

March 5, 1976.

Wm. H. Ledbetter, Jr. (Whitticar, Sokol & Ledbetter, on brief), for appellant.

(W. H. C. Venable; Cohen, Abeloff & Staples, on brief), for appellee.

Case submitted on brief for appellee.

Present, All the Justices.

Both parents have remarried. Mother lives in Arizona. Father continues to live in Virginia where child was born. Neither parent is unfit. Statute provides for primary consideration to the welfare of the child and "as between parents there shall be no presumption of…