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?
When it comes to custody and visitation decisions, there are a lot of criteria that we – attorneys, judges, and Guardians ad litem – must consider. As a parent, there are a lot of criteria you may be weighing, too. One of those factors is almost certainly the child’s preference. Does the child prefer to...
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...
Let’s start with the maybe not-quite-so-obvious. In family law, it doesn’t really matter what “studies” suggests or what the “data” says. We are not making arguments about what is best for many children, or most children, or some randomized, average, but ultimately representative group of children. We are talking only about your children. The children...
In most cases, paternity isn’t a big issue. In most cases, the parties don’t dispute it – and, obviously, there’s hardly ever any issues as it relates to maternity. Right? You know full well you were in the room where it happened. Sure, there can be complications with adoptions or foster care, but that’s not...
I’m married – and I’m a divorce attorney. It’s a bit of an oxymoron, isn’t it? Or is it? I don’t even know anymore. I’m also a pretty connected, online person, so I hear all the chatter (I try to make sure I hear all the chatter) about staying single, getting or staying married, and...
I’m married – and I’m a divorce attorney. It’s a bit of an oxymoron, isn’t it? Or is it? I don’t even know anymore. I’m also a pretty connected, online person, so I hear all the chatter (I try to make sure I hear all the chatter) about staying single, getting or staying married, and...