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...
Everyone – and I do mean everyone – always wants to ask whether they need an attorney for such-and-such kind of a case. And, while it’s true that you don’t ALWAYS need to hire an attorney, sometimes it can be hard to tell from the outside looking in, especially if your exposure to the case...
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...
Are you separated – and headed towards divorce – or just separated and ultimately hoping to reconcile? Sometimes it’s clear. Other times, though, it’s anything but. In any case, whatever you’re hoping for in the long term, you probably have a lot of questions about what to expect and what you should be doing. That’s...
I have always felt strongly that, when it comes to working and the cost of childcare, it is not the responsibility of only one party to earn ‘enough’ to make childcare ‘worth it’. It’s a shared responsibility between two partners, so the fact that one partner is lower earning is relevant but should not be...
Question: I am in a custody case in Virginia. My child’s father and I both have lawyers and there is a Guardian ad litem involved. I got a letter from the other attorney that my attorney forwarded to me, stating that they were withdrawing from the case. I asked my attorney if she knew why...