In Virginia, when you file for child custody, you also often file for visitation and child support. These petitions go hand in hand for a number of reasons, but probably the biggest one is that, if you don’t ask for something, the court doesn’t have the power to award it. So many things in law...
Parenting Time v. Visitation
The murder of Cerina Fairfax – who was in the midst of a divorce in Northern Virginia at the time that her husband, a former Virginia lieutenant governor, killed her and then himself in the family home while the children were home – has made waves over the last few months, sparking renewed attention on...
The good news is that litigated family law cases constitute the vast minority of cases. No matter what the stakes, most cases ultimately settle for a number of reasons but chief among them are these: (1) no one can afford long-term litigation, (2) litigating doesn’t yield better results, and (3) going to court takes longer....
Going to court is – by almost any metric – the nuclear option in a family law case. Literally everyone is scared of it and almost anyone would try to avoid it if there was any way at all. Usually, though not always, it’s possible to negotiate outside of court. In fact, most family law...
One of the most difficult parts of child custody litigation is that it can be virtually never ending. Since custody, visitation, and child support are modifiable based on a material change in circumstances, you can – theoretically, at least – find yourself in court again and again, at least until you children turn 18 and...
Virginia is restrictive when it comes to divorce, just because of the waiting period required before you can even file for a no fault divorce. Here in the Commonwealth, you have to be separated for ONE year before you can finalize a divorce using the fault based grounds of cruelty, apprehension of bodily hurt,...
Custody cases are some of the most dramatic, contentious, and stressful cases. I’ve written on this before, and I’ll say it again: Virginia is NOT one of the states in this country that mandates 50/50 custody as a starting point. In Virginia, we use the ‘best interests of the child’ factors, established by statute, as...
I’m biased. I’m a lawyer. I earn my living handling family law cases on behalf of the women who become my clients. Also, because I am a lawyer I also (1) see the people who can’t resolve things on their own (and very few of the people who can), and (2) deal, essentially, in worst-case...