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...
How to Argue Against 50/50 Custody
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...
I love easy questions but, in family law, I get so few of them that when I do see a truly easy question with a truly easy answer, I almost can’t believe my luck. The short answer is no, you do not have to be flexible with your child’s father when he asks for changes...
When there are disputes over custody and visitation, they are often physical, rather than legal, custody issues. Physical custody refers to where the child(ren) spend their time and it can be awarded as either primary physical, shared physical, or split physical custody. Legal custody, though, refers to the right of parents to make three types...
While things are pretty go, go, go for us through most of the year, there’s no question that – sometime round about the fourth quarter – there’s a slowdown, too. The reality is that most people don’t really want their divorce or their child custody case to be at the forefront during the already exciting...
Once you realize that your marriage is over, you want the rest of your life to begin as soon as possible. But many women don’t know where to start and what their first steps should be. So, what should you do? In Virginia, you are legally separated when (1) you form the intent to end...
It’s always hard to navigate the transition from married couple to separate households, especially when you and your soon-to-be ex share children in common. For stay at home moms, the transition is often even more pronounced because most of their lives, up until this point, has been spent caring for the kids. After separation...
Men delay the inevitable – divorce – for a million different reasons, but one of the most classic reasons is the most obvious one. As long as he’s delaying, he’s not paying. It’s kind of kin to the old adage “it’s cheaper to keep her,” which I admit – I loathe. He’s not paying in...