Emergency Petitions for Custody in Virginia When I was a kid, I took the whole “boy who cried wolf” story a little too seriously. I vividly remember being told about 911, and how it was only to be used in emergencies. I vaguely remember a terrible impression that bad things happened to people who called 911 when it wasn’t an emergency. As an adult, I have a really difficult time, even now, classifying things as an emergency. I’m not sure if I’m scared I’ll appear melodramatic, or if someone … [Read more...]
Will my child’s father get visitation if I’m breastfeeding?
Will my child’s father get visitation if I’m breastfeeding? Breastfeeding is something that comes up pretty often when we’re talking about custody and visitation of infants – and sometimes even toddlers and beyond! With the wealth of information that is available to us nowadays, most people are aware of the fact that the benefits of breastfeeding extend for as long as mom and child continue to nurse. For a lot of moms (myself included), establishing breastfeeding is difficult and fraught … [Read more...]
Is it better to file first for divorce or custody?
Is it better if I file first for divorce or custody? It feels better to operate offensively than defensively, doesn’t it? One of the worst things about divorce and custody cases for many of my clients is that they just don’t know what their husbands/children’s fathers are up to. Things aren’t going well, and there are some major disagreements, so you’re worried that something bigger is afoot. Also, when you file first in court, you’re typically labeled the “plaintiff,” and the person … [Read more...]
Shared Custody: The New Rules
Shared Custody: The new rules In July of 2018, the law regarding custody was revised. The statute now specifically provides that “[t]here shall be no presumption in favor of any form of custody.” Based on wording alone, I’m not sure that this represents any real legal change at all. I was actually already under the impression that judges considered all the different kinds of custodial arrangements more or less equally, and applied whatever they believed to be appropriate to the case at … [Read more...]
Moving Away With the Children: Virginia Child Custody Issues
Moving Away with the Children Over time, the law changes and evolves. I see trends – even just in the 8 or so years that I’ve been practicing – come and go. It’s funny how that can happen, but, in custody cases, so much is left up to the judge’s discretion. These things really can be different year over year, and there can be seismic shifts in judge’s viewpoints. And not necessarily in just one court, either; sometimes, it seems like all the judges get a particular memo at the same time, while … [Read more...]
Emergency Petitions for Custody in Virginia
Emergency Petitions for Custody in Virginia When I was a kid, I took the whole “boy who cried wolf” story a little too seriously. I vividly remember being told about 911, and how it was only to be used in emergencies. I vaguely remember a terrible impression that bad things happened to people who called 911 when it wasn’t an emergency. As an adult, I have a really difficult time, even now, classifying things as an emergency. I’m not sure if I’m scared I’ll appear melodramatic, or if someone … [Read more...]
When coparents are petty
When coparents are petty I heard a new one the other day. It doesn’t happen all that often, at this stage in the game, but yesterday it did. I was talking to a woman who told me that her child’s father, after their divorce, tried to one-up her in every single way imaginable – even with the tooth fairy! My son is only two, so I don’t have to deal with the whole tooth fairy thing yet. It’s my understanding, though, that the going rate for teeth has increased since my childhood. When I was a … [Read more...]
Health insurance coverage after divorce
Health insurance coverage after divorce Health insurance coverage post-divorce is one of the things that I often see that keeps people married for long after they want to be. I have plenty of cases sitting on my shelf where we’ve negotiated a separation agreement but the parties ultimately decide not to finalize the divorce because they’re receiving health care coverage. When no one has met anyone else and the rest of the details are more or less ironed out, it often doesn’t really feel like … [Read more...]
Health Insurance Coverage After Divorce
Health insurance coverage after divorce Health insurance coverage post-divorce is one of the things that I often see that keeps people married for long after they want to be. I have plenty of cases sitting on my shelf where we’ve negotiated a separation agreement but the parties ultimately decide not to finalize the divorce because they’re receiving health care coverage. When no one has met anyone else and the rest of the details are more or less ironed out, it often doesn’t really feel like … [Read more...]
Leases and Divorce If you and your soon-to-be ex husband don’t own real estate together, well, then, that’s one less thing to fight over or worry about. Whether one of you buys out the interest of the other or you decide to sell your home, there are almost always some difficulties. If you sell the home, especially, it can be complicated, because you often have to have repairs done leading up to the sale (which can cost money), you have to wait for a prospective buyer (which can take awhile and … [Read more...]
