If I were representing a man who wanted to get primary physical custody of his child, I would tell him one main thing. I would tell him to remember that a custody case begins and ends with the best interests of the child factors, and that a mom’s downfall is usually with factor number 6. Factor number 6, taken directly from Virginia Code Section 20-124.3, is “[t]he propensity of each parent to actively support the child’s contact and relationship with the other … [Read more...]
The Best Divorce
I'm going to hit you with some truth: you do not want your divorce to go to trial. Here's why: financially, emotionally, and practically, it will cost you. It will cost you big time. But if he's done something wrong, how can that be? For one thing, the judge can only divide the assets that you have. For another, no matter how he divides your assets, they will be divided, and you will have less than you had before the divorce. And that's before … [Read more...]
Courtroom Behavior: How to Avoid Acting a Fool in Front of the Judge
If you're getting ready to go to court, you're probably a basket full of nerves. Whether you're going to court in the juvenile and domestic relations court for custody, visitation, or support, or whether you're appearing in the circuit court for any number of hearings, motions, or even a trial, there are a couple rules you should remember and that will always serve you well. 1. Dress like you're going to church. I'm always amazed at the number of people I see in court who are … [Read more...]
Using Children as Messengers Between Parents
You have certain child custody rights when going through a divorce. Your marriage may be over, but as parents, that means your ex-spouse will remain a part of your life to some degree. Try your best to communicate with your ex. Don’t use your kids as messengers to carry messages back and forth, especially regarding the impending divorce. Your child custody attorney in Chesapeake at Hofheimer Family Law Firm can answer your questions about the divorce process, so leave the kids out of it. … [Read more...]
What’s in a Name? Should a child be able to bear both parent’s names after divorce?
When you and your child’s father were happily expecting the birth of your child, you debated whether to name her Brittany or Stephanie. Maybe you considered celebrity-inspired baby names, like “Harlow,” “Apple,” or “Suri.” Or maybe you wanted something a little more earthy or celestial, like “Willow,” “Rain,” “Aurora,” or “Aurelia.” Alternatively, you could hope that, by giving your child a virtuous … [Read more...]
Oh, no! Not Shared Custody!
One of the things that scares many of my clients the most is the possibility that they will be awarded shared custody. It's true--the presumption that automatically favored moms is changing, with many judges favoring a custodial arrangement that allows both parents to spend time with the children, especially in cases where dad contests the custody arrangement. In many cases, husband and wife are able to agree to a custodial arrangement in their separation agreement. Many of … [Read more...]
Handling Holiday Custody and Visitation Arrangements
Whether or not your current custody order specifies how visitation will be handled during the holiday season, it’s likely that you and your husband will have some disagreements about how it should be handled in practice. “Tradition” may seem more important to you than your separation agreement or even a court order, but your ex (or soon to be ex) may disagree, particularly now that he is no longer a part of those traditions of previous years. It may be true … [Read more...]
Telling Others About Your Virginia Separation
Are you getting separated in Virginia? Who should you tell about it? While who you tell is ultimately up to you, there may be some friends or family members who will find out regardless of whether you tell them, so it may become a matter of deciding when to break the news and what you should say. Also be sure to make securing legal representation with a Newport News family law lawyer one of your first priorities. Deciding Whom to Tell and When to Tell Them It’s understandable that when … [Read more...]
The Truth About In-Home Separation: It’s Tricky
You probably already know that, in order to be separated from your husband in Virginia, you have to live separate and apart. The actual period of separation depends on whether you have minor children. If you have minor children, you must live separate and apart for a period of one year. If you do not have minor children, you must live separate and apart for a period of six months. But what does it mean to live separate and apart? Can that be done in the same home? Usually, … [Read more...]
What About Snoopy? Custody of Pets After Divorce in Virginia
The custody of the family pets is often a major issue for couples during divorce. As a devoted dog lover myself, I can understand why these fights would escalate to a level similar to what you generally see in contested child custody litigation. To many people, whether or not they have human children, their furry children matter just as much. The thought of a divorce settlement that takes away their access to the dog (or cat) can be heartbreaking—and, ultimately, it’s a deal … [Read more...]
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