If you don’t want to have a trial in your court case, you have to settle your case first. In a divorce or custody context, settlement is achieved when there is a signed agreement negotiated between the parties. In a divorce case, you would sign and negotiate a separation agreement – a legal contract that...
Can I draft my own custody agreement?
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...
At some point in the past, a judge reached a decision about what custody and visitation arrangement was in the best interests of your child(ren) and, since that time, you and your ex have had to live with it. Either that, or the two of you reached an agreement about custody and visitation, and,...
We get a lot of questions about custody and visitation in Virginia. Does the court assume 50/50 here? Does the court prefer mom? No, the court definitely prefers dad, right? Is there a standard custody arrangement that the court orders? Like, what happens in these cases, anyway? I hear you. It’s like most moms...
Cases where we know – or suspect – that there’s abuse happening are some of the worst for about a million different reasons. If you just take them at face value, there’s the obvious issue that we’re concerned that a child is suffering physical, emotional, or sexual abuse at the hands of their other parent....
Child custody is complicated, especially because it’s really never absolutely final. Under Virginia law, anything related to the children, including child custody, visitation, and child support, are always modifiable based on a material change in circumstances, up until the time the child turns 18 and is no longer legally considered a child. School enrollment...
Custody litigation presents a million different ways for mothers to be caught in a potentially devastating catch-22, especially in cases where the non-custodial parent seems to be at something of a disadvantage. Lately, I’ve seen several different cases where, for example, a mother was granted sole legal and primary physical custody, with very narrow...
In a divorce, a lot of things are set in stone – regardless of whether the case is finalized by a signed separation agreement negotiated by the parties, or whether the case goes all the way to trial and the judge issues a final order. Things in equitable distribution, like the division of the retirement...