How does Virginia decide custody and visitation?

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...

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The Shapes and Sizes of Virginia Custody Cases

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...

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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...

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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...

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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...

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October 2023 Custody Bootcamp for Moms

  In case you haven’t heard, we just re-launched our super popular custody seminar, Custody Bootcamp for Moms, back in July – after a several year break because of the pandemic. Custody Bootcamp for Moms is an intense, all day seminar – taught by attorney Caitlin Walters, who has practiced family law in Virginia for...

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Should I file for custody proactively?

It’s scary to break up with your child’s father.  Not only does the breakup itself generally carry some challenges – like moving, separating finances, the possibility of dating again, and more – but knowing that, at some point, you’ll have to work out custody and visitation is also pretty daunting. Not every situation is highly...

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Spare the Child: Virginia Custody Disputes

As everyone always says, there’s no book on how to be a good parent.  The nurses at the hospital didn’t send you home with a manual.  There are books and online courses and old wives tales, but there’s no consensus on how to raise a child in the best way possible. We all screw up...

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