Even though Virginia does not assume 50/50 custody – the statute actually just says that the court must consider all forms of custody equally – it is still often the starting point in many custody cases, especially contested ones. I’m not a fan of automatic 50/50 custody; I think it creates a situation focused on...
How to Argue Against 50/50 Custody
All parents worry about what will happen to their kids when they pass away, but that fear is definitely greater for parents of minor children. I’d argue that, probably, for parents of children who are not together anymore, the fear even greater still. Especially if you’re the primary parent, you worry about what will happen...
The studies have consistently shown that kids do better with navigating a divorce and/or separation situation within their own family when they can see other similar families. That’s not to say that your kids can’t have play dates with kids whose parents are still happily married or that you need to seek out the other...
Family law cases – often involving divorce, child custody, child support and spousal support – are often very invasive. In discovery, the legal process that we use to determine what the issues are in an ongoing case that has been filed with the court, we often ask for all sorts of documents. In a divorce...
From the beginning, let me be clear: in Virginia, there is no law requiring that custody start out at 50/50. Though that is the law in some states, that is not the law here. Here, the law is that the judge has to consider all forms of custody – primary, shared, and split physical custody...
Mediation can be a cost effective way to resolve issues without having to go to court, but it’s still nice to be able to choose whether (or not) to participate in any mediated processes. For one thing, mediators vary wildly – some are attorneys though most are not; some have familiarity with difficult personalities and...
The legal process is not at all intuitive, so if you’re wondering what to expect – well, that makes a lot of sense. Custody cases are some of the more challenging cases to navigate, too, because they’re handled in juvenile and domestic relations district courts, which – if you’ve had any run ins with the...
Not everyone can afford to hire an attorney but, when it comes to a divorce or custody case, almost everyone needs at least some legal advice. There are very few options when it comes to complete and total pro bono representation, too, but that doesn’t mean that there aren’t opportunities to get your questions asked...