When there are disputes over custody and visitation, they are often physical, rather than legal, custody issues. Physical custody refers to where the child(ren) spend their time and it can be awarded as either primary physical, shared physical, or split physical custody. Legal custody, though, refers to the right of parents to make three types...
Legal Custody in the Commonwealth of Virginia
As far as divorce is concerned, Virginia is a sort of tough state. We’re somewhat old fashioned in that we allow for both fault-based and no-fault based divorce; we also require a much longer period of legal separation compared to many other states nationwide. In order to finalize a divorce action in Virginia, you must...
Question: I am in a custody case in Virginia. My child’s father and I both have lawyers and there is a Guardian ad litem involved. I got a letter from the other attorney that my attorney forwarded to me, stating that they were withdrawing from the case. I asked my attorney if she knew why...
Once you realize that your marriage is over, you want the rest of your life to begin as soon as possible. But many women don’t know where to start and what their first steps should be. So, what should you do? In Virginia, you are legally separated when (1) you form the intent to end...
It didn’t work out with your child’s father but you’ve found love – and stability – and you’re hoping this means that things will change for your child(ren), too. You wonder, “Can my new partner adopt my child? What would that look like?” Assuming, of course, that your new partner is on board with this...
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...
It’s okay. You can be honest. I know there are a million things you can think of that you would rather do than hire – and pay for – a family law attorney. You are likely desperate to discover that you do not, in fact, need one at all and that, on balance, handling your...
There is so much confusion around family law and all the different ways that cases can come up. Sometimes, it’s a matter of divorce; in othercases, it’s just custody. It’s seldom the question of something seemingly simple – like an annulment – but it is possible that you could just breakup, if you were never...