Virginia is not a state that follows a presumptive 50/50 custody model. In Virginia, the court is supposed to consider all forms of physical custody – primary, shared, and split – equally before making a decision in line with the “best interests of the child.” That doesn’t mean, though, that we don’t see a lot...
What happens to child support with 50/50 custody?
When it comes to custody and visitation decisions, there are a lot of criteria that we – attorneys, judges, and Guardians ad litem – must consider. As a parent, there are a lot of criteria you may be weighing, too. One of those factors is almost certainly the child’s preference. Does the child prefer to...
Going through a custody case is harrowing in the best circumstances (is that an oxymoron?) but it’s even worse when your soon-to-be ex is an alcoholic or struggles with substance abuse issues. And you know what’s worse than that? Knowing he’s an alcoholic but without having information or evidence to back it up. You’ve seen...
Same old, same old, am I right? I know there are arguments here on both sides – moms only want custody because they want the child support and dads only want more parenting time because they want to pay less child support. But, the truth is, it’s really easy to tell who is most motivated...
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...
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...