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?
Before I get really going here, let me just lead with the conclusion: Virginia is not a state that is particularly friendly to grandparents when it comes to custody and visitation. That doesn’t mean that grandparents can’t file and ask a court to grant them custody and/or visitation – actually, any non-parent third party could...
Going through a custody case is harrowing in the best circumstances (is that an oxymoron?) but it’s even worse when your soon-to-be ex is an alcoholic or struggles with substance abuse issues. And you know what’s worse than that? Knowing he’s an alcoholic but without having information or evidence to back it up. You’ve seen...
Navigating a new – or even a long term – coparenting relationship is challenging no matter what, but it’s especially challenging when you know (or suspect) that your child’s father does not have all the things in his home that he really needs to welcome the kids on his parenting time. So, what do you...
It’s a tale as old as time, I’m afraid. Ever since child support guidelines have been tied to the amount of parenting time that each parent gets, all sorts of disputes have come up about who gets what time and what, exactly, that time looks like. The other day, I shared an article about how...
It happens all the time. He just wants to be a dad, he says, so he asks for 50/50 – only for you to find out that his version of 50/50 means that he puts the kids in childcare, tries to lump this cost into the child support guideline, and doesn’t care that you are...
In general, custody and visitation for grandparents and other non-parent third parties (aunts, uncles, family friends, stepparents, etc.) is pretty well established. Though they can petition the court for custody and visitation, they have to meet a different standard than parents. Between two biological or adoptive parents, the standard is the best interests of the...
In Virginia, when you file for child custody, you also often file for visitation and child support. These petitions go hand in hand for a number of reasons, but probably the biggest one is that, if you don’t ask for something, the court doesn’t have the power to award it. So many things in law...