Child Custody

If I home school my child, will that affect our Virginia child custody considerations?

The option to home school your children is a legal and popular education method in every state, including Virginia. It only becomes an issue in Virginia child custody arrangements when the parents disagree on whether they wish to educate their children in a home school scenario. In Virginia child custody situations, if parents share custody…

Should I raise the concerns I have about my ex’s mental well-being during the Virginia child custody hearing? It seems like this could only help my case, right?

In Virginia child custody cases, the court considers the physical and mental well-being of both parents, in addition to several other criteria. Physical well-being is almost never an issue as long as both parents are capable of providing care. Mental health, however, is a different story. Thanks to the repeal of a law in 2008,…

Do grandparents have rights to child visitation in Virginia?

Yes! In the state of Virginia, there IS such a thing as “grandparent visitation," but it's VERY difficult to get. Grandparents can petition for grandparent visitation on their own, or as part of a petition filed by the non-custodial parent (meaning, the parent who has LESS time with the children). This can happen as a…

What does it mean to get a Virginia collaborative divorce?

A Virginia divorce can be a complicated process that requires both parties involved to compromise on some matters. If you and your spouse cannot agree on matters such as the division of property, child custody arrangements, and spousal support, these things will need to be decided by a Virginia court. In many cases, a couple…

Does a father have to pay child support if he never married the mother?

In a Virginia child support claim between unmarried parents of a child, the easiest way to require a father to pay child support is to have evidence that he is an “acknowledged father” of the child. An acknowledged father is the biological father of the child as determined by personal admission by the father or…

Can a parent be forced to pay child support even if they do not have visitation with the children?

When determining Virginia child support requirements, it is of little to no consequence if the other parent has been denied visitation or custody rights. While it may seem that it’s unfair to them to have to pay for the child even though they are not allowed to see him, in many cases this is done…

What is a putative father?

When you are involved in a Virginia child custody dispute you may deal with the declaration of a putative father. A putative father is a man who may be a child’s biological father, but was not married to the child’s mother before birth and has not established legal paternity of the child.In Virginia child custody…

Who does DNA testing in Virginia?

The state of Virginia has a contract with LabCorp, a national laboratory services company with local branches throughout Virginia’s major cities. They are the first national DNA laboratory to provide a 21-marker genetic analysis with their standard double-blind paternity testing.When determining child support in Virginia, a paternity test may be required by the court to…

What defines hearsay in a child custody case?

Hearsay in a child custody case is an out-of-court statement that is being offered in court as evidence to prove a claim. Hearsay in a child custody case may come from many sources, secondhand accounts of events, statements that were not validated by witness presence or recording, and unverified documentation.In your Virginia child custody case…