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?
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...
As soon as your child’s father realizes the connection between parenting time and child support – basically, the more time he takes, the less he’ll pay – he’ll probably start asking for more time, whether he actually wants more time or not. So, the immediate, and natural, reaction most moms have is, “Well, what if...
From the beginning, let me be clear: in Virginia, there is no law requiring that custody start out at 50/50. Though that is the law in some states, that is not the law here. Here, the law is that the judge has to consider all forms of custody – primary, shared, and split physical custody...
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...
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...