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...
Can I represent myself in a Virginia child custody case?
Oof. I hate this question, mostly because there is so little I can do about it either way. But – wait – let’s rewind. I get a lot of questions about family law and almost all are good ones, because it’s not like the legal system (including but not limited to family law) is not...
Family law cases can be a little more confusing than cases in other areas of law because – depending on the type of case – you might find yourself in either circuit court or juvenile court. Though some states call juvenile court ‘family court,’ and I’ve found that’s the way a lot of people refer...
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...
I used to get lots of questions about common law marriage. Lately, well, not so much – until the other day. A woman asked me what, in my opinion, was a very perceptive question about whether marriage is designed to be a safeguard to protect spouses (and, in particular, lesser earning spouses). Most of the...
There are very few things as anxiety-inducing as having to go to court, but this is especially true in the case of an emergency motion. In Virginia, one party can file and ask for a hearing to be held on an emergency basis; it is up to the court to either grant or dismiss that...
One of the most misunderstood elements of a custody case is the role of the Guardian ad litem. A Guardian ad litem is an attorney – not a child welfare expert, a therapist, or a developmental specialist – appointed to represent the interests of the child to the court. Though, in many cases, the parents...
