Virginia Child Custody: Navigating Your Path in Fairfax, Loudoun, & Prince William

For parents in Fairfax, Loudoun, and Prince William counties, few legal challenges carry the emotional weight and profound long-term impact of a child custody dispute. The decisions made during these proceedings shape your relationship with your children, their upbringing, and their overall well-being for years to come. In Virginia, child custody is not merely about who gets the children; it’s a complex legal area governed by specific statutes designed to prioritize one overarching principle: the best interests of the child.

As a senior attorney with over two decades of hands-on experience in family law across Northern Virginia, I have guided countless families through the intricacies of custody cases. My aim here is to demystify the process, illuminate the critical factors courts consider, and equip you with a comprehensive understanding of what to expect when facing child custody matters in the Commonwealth. Whether you are initiating a custody case, responding to a petition, or seeking modifications to an existing order, understanding the legal framework and strategic approaches is paramount.

This authoritative guide is designed to serve as your definitive resource, drawing upon firsthand experience and deep knowledge of Virginia’s legal landscape. We will delve into the nuances of Virginia law, explore the roles of key judicial bodies, discuss effective legal strategies, and provide practical insights to help you navigate this challenging journey.

Understanding Virginia Child Custody Laws

Virginia’s approach to child custody is firmly anchored in the principle of the “best interests of the child,” a standard that dictates all court decisions and is meticulously evaluated through a set of statutory factors.

In Virginia, the legal framework governing child custody is primarily enshrined in the Code of Virginia, particularly within Title 20. Central to every custody determination is the mandate found in Virginia Code § 20-124.2, which unequivocally states that the court shall make decisions based upon the best interests of the child. This is not a subjective determination but one guided by specific factors enumerated in Virginia Code § 20-124.3. These factors include, but are not limited to:

• The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs.
• The age and physical and mental condition of each parent.
• The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the child’s emotional, intellectual, and physical needs.
• The needs of the child, giving due consideration to other important relationships of the child, including siblings, peers, and extended family members.
• The role that each parent has played and will play in the future in the upbringing and care of the child.
• The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference.
• Any history of family abuse or sexual abuse.
• The propensity of each parent to actively support the child’s contact and relationship with the other parent.
• Other factors as the court deems necessary and proper to consider in the best interests of the child.

Understanding these factors is crucial for any parent navigating a custody dispute in Fairfax, Loudoun, or Prince William, as they form the bedrock upon which the court’s decision-making process rests. Each element must be carefully considered and presented, demonstrating how your proposed custody arrangement genuinely serves your child’s welfare.

Types of Custody in Virginia

Virginia law distinguishes between two primary forms of custody, both of which can be awarded solely to one parent or jointly to both:

• Legal Custody: This refers to the rights and responsibilities of parents to make decisions concerning the child’s upbringing, including education, health care, religious training, and general welfare. Joint legal custody is often favored by courts, encouraging both parents to remain involved in significant decisions.
• Physical Custody: This refers to where the child lives. It dictates the schedule of time the child spends with each parent.

The variations include:

• Sole Legal Custody: One parent has the exclusive right to make major decisions about the child.
• Joint Legal Custody: Both parents share the right and responsibility to make major decisions about the child.
• Sole Physical Custody: The child resides primarily with one parent, and the other parent typically has visitation rights.
• Joint Physical Custody (Shared Custody): The child spends significant periods of time with both parents. This does not necessarily mean a 50/50 split but implies substantial time with each.

The court’s ultimate decision on the type of custody will always revert to what is in the child’s best interests, based on the factors outlined in Virginia Code § 20-124.3. For instance, if one parent has historically been the primary caregiver, or if a parent’s living situation provides greater stability, these elements heavily influence the court’s physical custody determination. The legal complexities surrounding these distinctions underscore why seeking counsel from a seasoned Fairfax custody lawyer is invaluable.

The Stakes: Consequences of Custody Disputes

Child custody disputes carry profound, lasting consequences for all involved, impacting not only the parents but, most significantly, the child’s stability, emotional well-being, and future development, underscoring the critical need for a well-prepared legal approach under Virginia law.

The emotional and practical stakes in child custody cases are arguably higher than almost any other area of law. Beyond the immediate legal proceedings, the outcome of a custody dispute reverberates throughout a family’s life. For the child, instability in their living situation, emotional distress due to parental conflict, and potential disruption to their education and social life are very real possibilities. Courts in Virginia are acutely aware of these impacts, which is why Virginia Code § 20-124.2 emphasizes safeguarding the child’s well-being above all else.

Impact on Children

Children caught in the middle of a custody battle often experience significant stress. Their sense of security can be undermined, leading to anxiety, academic difficulties, and behavioral issues. A well-structured parenting plan, mandated by Virginia Code § 20-124.6, aims to provide stability and minimize disruption, ensuring children maintain meaningful relationships with both parents unless circumstances dictate otherwise. Without careful consideration and legal guidance, unresolved disputes can lead to long-term emotional scars.

Impact on Parents

For parents, the consequences are multifaceted. Losing significant time with your child or facing restrictions on decision-making authority can be devastating. Furthermore, custody litigation is emotionally draining and can be financially burdensome. An unfavorable outcome can significantly alter your parental rights and responsibilities, impacting your ability to guide your child’s life. Understanding your rights and responsibilities under Virginia Code § 20-107.2, which governs court orders affecting parental rights, is crucial.

Financial Implications

Beyond legal fees, custody orders often come hand-in-hand with child support obligations. These financial responsibilities are designed to ensure both parents contribute to the child’s needs. An adverse custody outcome can influence child support calculations, impacting your long-term financial stability. Securing experienced representation from a Northern Virginia child custody attorney is not just about winning; it’s about protecting your financial future and ensuring your ability to support your child.

The Virginia Child Custody Legal Process

Initiating and navigating a child custody case in Virginia involves a structured legal process, typically beginning in the Juvenile and Domestic Relations District Courts, which requires precise adherence to procedures and often involves court-appointed entities focused on the child’s welfare.

The journey through a Virginia child custody case can seem daunting, but it follows a defined path. Most initial custody cases begin in the **Virginia Juvenile and Domestic Relations District Courts (J&DR District Courts)**. These courts are specifically designed to handle matters involving juveniles and domestic relations, including child custody, visitation, and support. For cases involving divorce, custody may also be heard in the **Virginia Circuit Courts**, which often assume jurisdiction over all aspects of a family’s dissolution.

Step-by-Step Overview:

1. Filing a Petition: The process typically begins when one parent files a “Petition for Custody and Visitation” with the appropriate J&DR District Court in Fairfax, Loudoun, or Prince William County. This document formally requests the court to establish or modify a custody order.
2. Service of Process: The other parent must be formally served with the petition, ensuring they are aware of the legal action and have an opportunity to respond.
3. Initial Hearing / Scheduling: An initial hearing is often scheduled to address temporary orders, appoint a Guardian Ad Litem (GAL) if necessary, and set a schedule for mediation or further proceedings.
4. Mediation: In many Virginia courts, parents are encouraged, and sometimes required, to attempt mediation to resolve custody disputes outside of court. This confidential process involves a neutral third party helping parents reach a mutually agreeable parenting plan, as referenced in Virginia Code § 20-124.6.
5. Guardian Ad Litem (GAL) Involvement: A **Court-appointed Guardian Ad Litem** is an attorney appointed by the court to represent the best interests of the child. The GAL conducts investigations, interviews parents, children, and other relevant parties, and makes recommendations to the court. This is a critical role, particularly in complex or high-conflict cases.
6. Discovery: Parents may engage in discovery, exchanging information and documents relevant to the case, such as financial records, medical reports, or school records.
7. Court Hearings / Trial: If an agreement cannot be reached through mediation or negotiation, the case proceeds to a contested hearing or trial. Here, both parents present evidence, call witnesses, and argue their case before a judge. The judge, considering all evidence and the GAL’s recommendations, will issue an order based on the child’s best interests.
8. Appeals: If either party disagrees with the J&DR District Court’s decision, they may appeal to the **Virginia Circuit Court** for a new trial (de novo appeal). Further appeals can be made to the **Virginia Court of Appeals** and, in rare instances, to the **Virginia Supreme Court**.

Role of Virginia Agencies and Courts

• Virginia Juvenile and Domestic Relations District Courts: The frontline court for most initial custody cases, especially when not part of a divorce. They administer Virginia Code § 16.1-278.15 concerning custody and visitation orders.
• Virginia Circuit Courts: Handle appeals from J&DR District Courts and concurrent jurisdiction over custody if part of a divorce case. They also enforce custody orders and hear modifications.
• Virginia Court of Appeals & Virginia Supreme Court: Primarily review legal errors made by lower courts on appeal.
• Virginia Department of Social Services (VDSS): While not directly involved in deciding custody, VDSS may conduct investigations if there are allegations of child abuse or neglect. Their findings can significantly impact a custody case, providing crucial information to the courts about a parent’s fitness or a child’s safety.

Understanding these roles and the procedural steps is vital for anyone facing child custody issues. A skilled VA custody lawyer can help you navigate these courts and processes effectively, ensuring your petition is properly filed and your case is presented compellingly.

The SRIS Virginia Child Custody Strategy Guide Tool

The SRIS Virginia Child Custody Strategy Guide is a practical, step-by-step resource designed to help parents in Fairfax, Loudoun, and Prince William counties systematically prepare for and navigate the complexities of their child custody case, ensuring vital considerations are not overlooked.

Facing a child custody dispute can feel overwhelming. The sheer volume of information, the emotional toll, and the critical decisions required demand a structured approach. To empower parents with clarity and direction, the Law Offices Of SRIS, P.C. has developed the comprehensive SRIS Virginia Child Custody Strategy Guide. This tool distills decades of practical experience into actionable steps, helping you organize your thoughts, gather necessary information, and strategically prepare for every stage of your custody journey.

Developing Effective Legal Strategies in VA Custody Cases

Successful navigation of Virginia child custody cases hinges on crafting tailored legal strategies that encompass meticulous preparation, compelling evidence presentation, skilled negotiation, and a steadfast focus on the child’s best interests as defined by state law.

A child custody battle is not merely a dispute; it is a strategic endeavor where every piece of evidence, every communication, and every decision matters. As a seasoned Fairfax custody lawyer, my approach is always built on a foundation of comprehensive strategy, anticipating challenges and proactively building a compelling case. Your ultimate goal is to convince the court that your proposed custody arrangement aligns most closely with the factors outlined in Virginia Code § 20-124.3.

Key Strategic Pillars:

1. Thorough Preparation and Documentation:

   This cannot be overstated. Courts rely on evidence. Maintain meticulous records of your child’s daily life, medical appointments, school activities, and extracurriculars. Document your consistent involvement. Keep a detailed log of communications with the other parent, noting dates, times, and content, especially if there are concerns about co-parenting or safety. Photos, videos, and witness testimonies demonstrating your parental fitness and the child’s positive environment are invaluable. A Northern Virginia child custody attorney will help you identify what evidence is admissible and most impactful.

2. Focus on the “Best Interests of the Child”:

   Every argument, every piece of evidence, must be framed through the lens of the child’s best interests. This means demonstrating your capacity to provide stability, meet their needs, foster their development, and, critically, support their relationship with the other parent (unless safety is a concern). Avoid focusing on grievances against the other parent; instead, highlight your strengths and what you bring to your child’s life.

3. Effective Communication and Co-Parenting (Where Possible):

   Virginia courts look favorably upon parents who can cooperate and communicate effectively for the sake of their child. Demonstrating a willingness to co-parent, even if challenging, shows maturity and a focus on the child. Utilize co-parenting apps or email for sensitive communications to maintain a clear record and avoid confrontational in-person interactions. This aligns with the court’s desire for a stable environment as encouraged by Virginia Code § 20-124.6.

4. Strategic Negotiation and Mediation:

   While preparing for trial is essential, negotiation and mediation often offer the most efficient and least adversarial path to resolution. Skilled legal counsel can negotiate on your behalf, exploring common ground and crafting a parenting plan that both parties can agree to, potentially avoiding the unpredictability of a judge’s ruling. This approach empowers parents to retain more control over the outcome.

5. Protecting Your Child During Litigation:

   Perhaps the most vital strategy is to shield your child from the conflict. Never speak negatively about the other parent in front of the child, and avoid involving them in the legal process beyond what is absolutely necessary. Children thrive on predictability; maintaining routines and providing reassurance throughout the process is paramount.

By implementing these strategies with the guidance of an experienced Loudoun custody lawyer, you significantly enhance your position and work towards a resolution that genuinely serves your child’s long-term welfare.

Common Mistakes to Avoid in Virginia Child Custody Cases

Parents facing child custody disputes in Virginia often inadvertently undermine their own cases by making critical errors related to documentation, communication, and emotional management, highlighting the necessity of disciplined conduct and seasoned legal guidance.

In the highly charged atmosphere of a child custody dispute, even well-intentioned parents can make mistakes that inadvertently harm their case. Having guided numerous clients through these complex situations, I have observed certain patterns of conduct that can be detrimental. Avoiding these common pitfalls is as crucial as building a strong affirmative case.

1. Negative Communication with the Other Parent: Engaging in hostile, disrespectful, or accusatory communication (via text, email, social media, or in person) will almost certainly be used against you. Courts prioritize parents who can foster a respectful co-parenting relationship, even if difficult. Every piece of communication is potentially admissible evidence.
2. Disparaging the Other Parent to the Child: Never, under any circumstances, speak negatively about the other parent in front of your child, or allow others to do so. This emotionally harms the child and signals to the court that you are not prioritizing the child’s well-being or fostering their relationship with the other parent.
3. Failing to Follow Court Orders (Even Temporary Ones): Missing visitation, withholding child support, or violating any temporary court orders, however minor, demonstrates a disregard for the legal process and judicial authority. This can severely damage your credibility.
4. Poor Record-Keeping: Neglecting to document significant events, communications, child-related expenses, or your involvement in the child’s life can leave you with insufficient evidence to support your claims. Detailed records are invaluable for demonstrating consistency and commitment.
5. Putting Your Desires Ahead of the Child’s Needs: While your feelings are valid, the court’s sole focus is the child’s best interests, as dictated by Virginia Code § 20-124.2. Arguments that appear to serve your interests over the child’s will be viewed unfavorably.
6. Changing Routines or Schools Without Agreement/Order: Making significant changes to the child’s life (e.g., enrolling them in a new school, moving far away) without consulting the other parent or obtaining a court order can be seen as an attempt to undermine the other parent’s rights and create instability for the child.
7. Using Social Media Irresponsibly: Anything you post online can be found and used as evidence. Avoid discussing your case, disparaging the other parent, or posting anything that could be interpreted as irresponsible or not child-focused.
8. Not Seeking or Following Legal Counsel: Child custody law in Virginia is intricate. Attempting to navigate it alone or disregarding your attorney’s advice can lead to critical missteps, missed deadlines, and a weaker case. A knowledgeable Prince William custody lawyer provides essential strategic guidance.
9. Allowing Personal Emotions to Dominate: While emotional, custody cases require a clear, rational, and strategic approach. Allowing anger, resentment, or fear to dictate your actions or communications can derail your case and negatively impact court perception.

Avoiding these common errors requires discipline and a strong understanding of the court’s expectations. With seasoned legal guidance, you can navigate these challenges effectively and present yourself as the responsible, child-focused parent the court seeks.

Glossary of Key Virginia Custody Terms

Navigating Virginia child custody law requires understanding specific legal terminology, which defines crucial concepts and roles within the family court system.

Legal Custody

The right and responsibility to make major decisions about a child’s upbringing, including education, healthcare, and religious training. Can be sole or joint.

Physical Custody

The right and responsibility regarding where a child primarily resides and the schedule of time the child spends with each parent. Can be sole or joint/shared.

Joint Custody

An arrangement where both parents share rights and responsibilities. This can apply to legal custody (joint decision-making) or physical custody (shared time, though not necessarily 50/50).

Sole Custody

An arrangement where one parent has exclusive rights and responsibilities for either legal custody (all major decisions) or physical custody (the child primarily lives with that parent).

Best Interests of the Child

The overarching legal standard in Virginia child custody cases, requiring courts to consider all factors impacting a child’s well-being, as enumerated in Virginia Code § 20-124.3, to ensure the decision benefits the child most.

Guardian Ad Litem (GAL)

An attorney appointed by the court to represent and protect the best interests of the child in legal proceedings, conducting independent investigations and making recommendations to the court.

Parenting Plan

A detailed written agreement or court order outlining the rights and responsibilities of both parents regarding the child, including physical custody schedules, legal custody decision-making, holiday arrangements, and communication protocols. Governed by Virginia Code § 20-124.6.

Real-World Virginia Custody Scenarios & Answers

Understanding how Virginia child custody laws apply to common real-life situations provides valuable insight into the nuances of family law and the potential outcomes of specific parental challenges.

The theoretical aspects of child custody law are best understood through practical application. Here are a few common scenarios encountered by families in Fairfax, Loudoun, and Prince William, along with general guidance on how Virginia courts might approach them.

Scenario 1: Parental Relocation Out of State

Question: “My ex-spouse, who has primary physical custody of our child, wants to move from Fairfax to California with our child. I have visitation every other weekend. Can they do this without my permission, and what are my rights?”

Answer: In Virginia, if a parent with physical custody wishes to relocate a significant distance, especially out of state, it typically requires either the consent of the other parent or a court order. Such a move constitutes a “material change in circumstances” that would justify a review of the existing custody order. The court would hold a hearing to determine if the relocation is in the child’s best interests, considering factors like the reason for the move, the child’s relationship with both parents, and how the move would impact the non-relocating parent’s visitation. You would have the right to challenge this move in court, presenting arguments as to why it is not in your child’s best interests.

Scenario 2: Child Expresses Preference

Question: “My 14-year-old son wants to live with me full-time instead of his mother. Will a Virginia court listen to his preference during our custody modification hearing in Loudoun?”

Answer: Yes, Virginia Code § 20-124.3 explicitly states that courts should consider “the reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference.” While a 14-year-old’s preference carries significant weight, it is not the sole determining factor. The court will evaluate the child’s maturity, the reasons for their preference, and ensure the choice is not simply manipulative or influenced by one parent. The child may be interviewed by the judge in chambers, or their preference may be conveyed by a Guardian Ad Litem.

Scenario 3: One Parent is Denying Visitation

Question: “My ex-wife frequently denies my scheduled visitation with our daughter in Prince William, citing various excuses. We have a court order. What can I do?”

Answer: If there is a standing court order for visitation, and the other parent is willfully violating it, you can file a Rule to Show Cause (contempt motion) with the J&DR District Court in Prince William County. This asks the court to find the other parent in contempt of the existing order. If found in contempt, the court has several remedies, including ordering makeup visitation, fining the non-compliant parent, ordering them to pay your legal fees, or even modifying the custody order to ensure future compliance. Document every instance of denied visitation with specific dates, times, and reasons given.

Frequently Asked Questions About Virginia Child Custody

Q1: How does a Virginia court determine the “best interests of the child”?

A1: Virginia courts determine the “best interests of the child” by evaluating a specific set of statutory factors outlined in Virginia Code § 20-124.3. These include the child’s age and physical/mental condition, the parents’ fitness, the child’s needs, their relationship with each parent, each parent’s role in the child’s upbringing, the child’s reasonable preference (if mature enough), any history of abuse, and each parent’s willingness to foster the child’s relationship with the other parent.

Q2: What is the difference between legal and physical custody in Virginia?

A2: Legal custody grants parents the right and responsibility to make major decisions about a child’s upbringing (e.g., education, healthcare, religion). Physical custody dictates where the child lives and the schedule of time spent with each parent. Both can be awarded solely to one parent or jointly to both.

Q3: Does Virginia favor joint custody over sole custody?

A3: Virginia law does not explicitly mandate joint custody over sole custody, but courts generally favor arrangements that allow both parents to remain actively involved in the child’s life, provided it is in the child’s best interests. Joint legal custody is very common, while joint physical custody depends on the specific circumstances and feasibility for the child.

Q4: How old does a child have to be to choose which parent to live with in Virginia?

A4: Virginia law does not specify a precise age at which a child can “choose” a parent. Instead, Virginia Code § 20-124.3 states that the court will consider “the reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference.” Typically, older children (e.g., teenagers) are given more consideration than younger children, but the ultimate decision rests with the court based on the child’s maturity and reasoning.

Q5: Can a custody order be modified in Virginia?

A5: Yes, a Virginia child custody order can be modified if there has been a “material change in circumstances” since the last order was entered, and if the proposed modification is in the “best interests of the child.” Examples include a parent’s relocation, a significant change in a child’s needs, or a parent’s substantial change in circumstances.

Q6: What is a Guardian Ad Litem (GAL) and what do they do?

A6: A Guardian Ad Litem (GAL) is an attorney appointed by the court in Virginia to represent and advocate solely for the best interests of the child in a custody case. The GAL will typically investigate the family situation, interview the child, parents, and others, and then make recommendations to the court regarding custody and visitation.

Q7: What is a parenting plan in Virginia custody cases?

A7: A parenting plan in Virginia is a written document, either agreed upon by parents or ordered by the court, that outlines the specific details of a child’s custody and visitation arrangement. It includes schedules for physical custody, responsibilities for legal custody decisions, holiday arrangements, and provisions for communication. Virginia Code § 20-124.6 guides its contents.

Q8: How does parental misconduct impact custody in Virginia?

A8: Parental misconduct, such as a history of abuse (physical, sexual, or emotional), neglect, substance abuse, or criminal activity, can significantly impact custody decisions in Virginia. Such conduct directly relates to a parent’s fitness and the child’s safety, heavily influencing the “best interests of the child” determination under Virginia Code § 20-124.3.

Q9: What if one parent moves to a different county within Virginia?

A9: If a parent with a custody order moves to a different county within Virginia, it may constitute a “material change in circumstances,” particularly if the move significantly impacts the established custody or visitation schedule. While generally easier to manage than out-of-state moves, it still often requires an agreement or a court modification to address logistics like school enrollment and transportation.

Q10: Can I get temporary custody orders in Virginia?

A10: Yes, Virginia courts can issue temporary custody orders (also known as pendente lite orders) while a case is ongoing. These orders provide a provisional custody and visitation schedule until a final order is entered, ensuring stability for the child during the litigation process.

Q11: How long does a child custody case typically take in Virginia?

A11: The duration of a child custody case in Virginia varies widely depending on its complexity, the level of parental cooperation, and court dockets. Simple, uncontested cases can be resolved in a few months, while complex, highly contested cases involving investigations, multiple hearings, or appeals can take a year or more.

Q12: Is child support automatically ordered with custody in Virginia?

A12: While not automatic, child support is almost always addressed concurrently with custody and visitation orders in Virginia. The court typically has a statutory obligation to establish child support unless there’s a compelling reason not to, as both parents have a duty to support their child. Support is calculated based on statutory guidelines.

Q13: What role does mediation play in Virginia custody cases?

A13: Mediation is a critical tool in Virginia custody cases. It allows parents to work with a neutral third-party mediator to reach mutually agreeable solutions regarding custody and visitation without contested litigation. Courts often encourage or require mediation before a final hearing, as it can save time, reduce conflict, and lead to more durable agreements.

Q14: What if there are allegations of child abuse or neglect?

A14: Allegations of child abuse or neglect are taken very seriously in Virginia. The court may involve the Virginia Department of Social Services (VDSS) for investigation, and emergency protective orders may be issued. Such allegations, if substantiated, will have a profound impact on custody and visitation determinations, potentially leading to supervised visitation or sole custody for the non-abusive parent, prioritizing the child’s safety.

Q15: Can a grandparent get custody or visitation in Virginia?

A15: Grandparents in Virginia can petition for custody or visitation, but it is a high legal hurdle. They must demonstrate that granting them custody or visitation is in the “best interests of the child” and that either the parents are unfit, the child’s health or safety is endangered, or there are other specific, compelling reasons to overcome the parental presumption.

For any child custody matter in Fairfax, Loudoun, or Prince William, proactive legal counsel is not just an advantage; it’s a necessity.

When facing critical child custody matters in Fairfax, Loudoun, or Prince William, connect with the experienced attorneys at Law Offices Of SRIS, P.C. for a confidential case review. Call 888-437-7747 today.

Disclaimer: This article provides general information about Virginia child custody law and is not legal advice. The information is not exhaustive and does not constitute a client-attorney relationship. You should consult with a qualified attorney for advice regarding your individual circumstances. Law Offices Of SRIS, P.C. does not guarantee specific outcomes based on the information provided herein.