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...
Emergency Motions in Virginia Child Custody Cases
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...
In July of 2024, the Virginia Beach Juvenile and Domestic Relations District Court quietly issued an order stating that parents whose children are involved in a custody and visitation case would no longer be entitled to receive copies of the Guardian ad litem reports issued in their cases. Full disclosure: As practicing family law attorneys,...
Custody cases are some of the most dramatic, contentious, and stressful cases. I’ve written on this before, and I’ll say it again: Virginia is NOT one of the states in this country that mandates 50/50 custody as a starting point. In Virginia, we use the ‘best interests of the child’ factors, established by statute, as...
Custody cases can be complicated, in some ways, because they can take different shapes depending on the issues involved – and because different types of rules apply to different types of cases. What can a Virginia custody case look like? Custody Case as Part of a Divorce Action Custody and visitation cases often come up...
Discovery – whether as part of a divorce or a child custody case – is essentially the same. It’s the legal process we use to determine and gain access to the information that we don’t have. In a divorce case, much of the information we’re looking for is financial, especially if our client has stayed...
Custody cases are interesting because they can come up in a number of ways, unlike divorce. In a divorce, you have essentially two options: (1) negotiate a signed separation agreement, or (2) litigate in court. Divorce Cases Where Custody is an Issue Divorce is filed in the circuit court. Custody, though, can present differently. Custody...
In Virginia, there is no requirement that you hire an attorney to represent you in a divorce or custody case, whether at the juvenile or circuit court level (or even beyond, if your case merits an appeal). If you choose not to hire an attorney, you represent yourself. We call people who represent themselves pro...