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...
How does Virginia decide custody and visitation?
I had a consult the other day where something happened that had never happened to me before. I spent a very pleasant (for me) hour talking to a prospective client about her upcoming divorce. (I say it was pleasant for me because I liked her; I assume much less pleasant for her, though, because although...
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...
Childcare is one of the most difficult parts of parenting. It just is. I think that is true across the board, regardless of whether you are married to your child’s father, never married your child’s father, divorced your child’s father, are separated from your child’s father, or your child’s father is totally MIA. It’s really,...
Divorce is hard enough in normal circumstances, but when you don’t know where your soon-to-be ex is living, it’s even harder. You may be surprised, too, to find out how often it happens! The biggest issue associated with not knowing where he is has to do with service of process. Basically, it’s a Constitutional requirement. When...
It’s hard to transition from having custody of your child full time to sharing custody, no matter what specific allocation of time your child’s father gets. Sharing holidays is a challenge, especially when you consider that it means that there will be major holidays that you’ll spend alone. Any deviation from the standard schedule...
The military has all sorts of policies which can make separation, divorce, and child custody especially confusing as a military spouse. On top of the military policies, too, there are many laws at the state level that will impact how your separation, divorce, and/or custody case will proceed, some of which supersede the military policies. ...
Few things in the world are scarier than facing a custody and visitation case. Few things, too, are more difficult to gather up-to-date, state-specific information about – at least, if the information you’re looking for is also credible. There are a lot of non-attorneys out there offering advice and opinions, much of which – though...