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...]
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...]
Virginia Relocation Cases
Virginia Relocation Cases Virginia relocation cases are always among the hardest. Though I understand why they come up so frequently (especially in an area that has such a high concentration of military families), I can also understand why the courts are so hesitant to allow one parent to relocate with the child. Like most other things, there are standards that apply when a parent wants to relocate. The standards come from case law (other cases Virginia courts have decided related to … [Read more...]
A Guide to Child Support for Virginia Moms: Part One
A guide to child support for Virginia moms Part One Under Virginia law (well, under the law in every state, as far as I’m aware), both parents have an obligation to support their children. For many people, it’s a non issue – parents who are together tend to share expenses and mutually care for the children. For parents who are separated, divorced, or just plain old broken up, child support becomes a different issue entirely. In Virginia, child support is calculated by using guideline … [Read more...]
Petitions to Modify Virginia Child Custody
Petitions to Modify Virginia Child Custody As you probably are already aware, once you have a child with someone, they never really go away. In a divorce or a breakup where there are no children, the parties are free to go their own separate ways and never see each other again. It’s not only desirable but encouraged. There’s no reason for them to have any future contact. A divorce is seamless; it completely, totally, and permanently separates the two former partners. With kids, it just … [Read more...]
Is Virginia’s Custody Law Revision a Big Win for Shared Custody?
Is Virginia’s Custody Law Revision a Big Win for Shared Custody? No way around it, dividing up parenting time with your child’s father is a scary task. For most moms, the thought that you won’t be able to be with your child any time you like is overwhelming. It’s especially overwhelming since July 1, since new legislation came down. I wrote a post awhile back updating everyone on all the changes to the law beginning on the 1st of July, but I’ve found that one of the things people want to … [Read more...]
What if my child is subpoenaed in a custody case
What if my child is subpoenaed in a custody case? Custody cases are about as common as…well, something that’s very common. We see them literally all the time, and they can come about in a bunch of different ways. Obviously, you don’t have to be married to have a custody case; you just have to share a child in common with your former partner. So, some custody cases are part of a larger divorce action, while others relate only to shared children. Still others are modifications of previously … [Read more...]
Working with a GAL
Guardians ad litem – attorneys appointed to represent the interests of the child(ren) involved in your family law case – are scary. They’re necessary, too, because in a lot of cases, they’re really the only ones with the ability to look at both sides and make a recommendation to the judge. But…they make a recommendation to the judge! And, in my experience, their recommendations are generally regarded pretty seriously. So, yeah, that’s a little scary. Inviting someone you don’t know into your … [Read more...]
Can I get a job while my divorce is pending?
Clients fall on either side of the spectrum. Either they do whatever they want, with very little thought for the consequences, or they want to run every little change by you before they make it on the off chance that it’ll somehow impact their case in some kind of way that they might not have foreseen. Obviously, I prefer the latter. Though there are so many things that an attorney doesn’t need to weigh in on (go ahead, switch brands of toothpaste!), there are, on the other hand, so, so, so … [Read more...]
Will having a new boyfriend hurt my Virginia child custody case?
Will having a new boyfriend hurt my custody case? Statistically speaking, you will find love again. For many women in the midst of divorce and custody cases, there’s nothing further from their minds. For many others, though, love seems to find them – and follow them. Sometimes, even before their divorces are finalized. Some are determined to find love again, as quickly as possible. Some have reconnected with an old flame on social media. Some ask before they start up a relationship; some don’t … [Read more...]
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