If your divorce or custody case is coming up soon and you’re in Virginia, it’s not a bad idea to consider going to court to watch a case in action – maybe even a case run by the judge who’ll be presiding over your case, if you know who that will be already. But –...
Can I just go watch a court hearing in Virginia?
Before I get really going here, let me just lead with the conclusion: Virginia is not a state that is particularly friendly to grandparents when it comes to custody and visitation. That doesn’t mean that grandparents can’t file and ask a court to grant them custody and/or visitation – actually, any non-parent third party could...
It’s not superficial to be concerned with the way you present in public and, whether fortunately or unfortunately, the sartorial choices you’re making matter. They matter across the board, but it definitely matters if you’re going to court in your family law case. Full disclosure: Virginia doesn’t technically have “family court,” or, at least, that’s...
Let’s start with the maybe not-quite-so-obvious. In family law, it doesn’t really matter what “studies” suggests or what the “data” says. We are not making arguments about what is best for many children, or most children, or some randomized, average, but ultimately representative group of children. We are talking only about your children. The children...
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...
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...