Many of us at Hofheimer Family Law Firm are moms with young and school-aged children. We’re all scrambling to find out how to work and provide childcare when we have been told to avoid groups of 10 or more and schools are closed. Adding to the confusion is that some daycare centers remain open, but others have closed. My neighbor reported that her center was open but each child’s temperature was taken when arriving and leaving. For those who share physical custody of their children with the … [Read more...]
I want sole legal and physical custody of our child
I want sole legal and physical custody of our child In a divorce and/or custody case, you can get whatever you and your soon-to-be ex/child’s father can agree to or whatever the judge is willing to award. In many cases, we’re really limited by what the judge will do. When the other side knows that, for example, the military retirement will be divided so that each spouse receives his or her marital share (50% of what was earned during the marriage) – there’s not much room to negotiate anything … [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...]
Waiving child support in a Virginia separation agreement
Waiving child support in a Virginia separation agreement I hear the same objection all the time: "But my husband says he won't sign an agreement unless I waive child support." They're upset. They're scared. They don't know what to do. Most are loathe to accept any kind of financial assistance from their child's father anyway, but they're still not quite sure how they'll make ends meet WITHOUT child support. "What can I do?" they ask me, tearfully. So, it's a loaded question, and one … [Read more...]
Custody and Visitation: Bad Result in Juvenile Court
On Wednesday, we talked about your first custody court date – otherwise known as your initial appearance – in juvenile court. You know, that first date in, where you presented the details to the judge and set a trial date. It’s a common misconception that the first custody court date is going to be the custody trial date, and that just isn’t so. It’s just the opportunity for the parties to come and explain the issues to the judge (not to really present evidence, just to lay it all out there … [Read more...]
Should shared custody be the new norm?
When it comes to custody, there are a lot of opinions out there. If you’ve stumbled across our site, you’re probably one of us. That is to say, you’re likely an advocate for women in divorce and custody cases. Custody cases are hard. There are so many emotions involved. And, unlike in divorce, there’s no hard and fast rules about how things are divided. After all, you can split a pension, but you definitely can’t split a baby. …Right? More and more of the time, we’re seeing shared custody … [Read more...]
Moms Versus Dads in Virginia Custody Cases
Full Disclosure: Our firm represents women exclusively in divorce and custody cases. If you’re looking for something written by activists for Father’s rights, you’re in the wrong place. Custody cases are complicated and constantly changing, which probably explains why there is so much misunderstanding out there. I meet with one woman who tells me she knows she won’t lose custody because moms always win, and another who tells me that her child’s father says he’s going to take the child and … [Read more...]
Handling Holiday Custody and Visitation
Things always get more difficult around the holidays. People who are thinking about divorce don’t really tend to take action at this point; for the most part, they keep it together for their families through the holiday season. But for the people who have an existing divorce or custody case, it tends to become more emotionally charged as parents face the possibility (or the probability?) of spending at least one major holiday without their children. It’s a daunting thought. As a mom myself, I … [Read more...]
What to Expect at a Virginia Custody Seminar
Custody cases are scary, and, whether you’ve hired an attorney or are hoping to handle your case yourself, you probably have a lot of questions about what to expect. Obviously, you’ve also heard that there’s a seminar for Virginia moms facing custody cases, so now you’re probably wondering whether a Virginia custody seminar is going to have the answers for your questions and, ultimately, help with your case. Am I right? Well, you’re right to wonder, and it’s also normal to wonder what to … [Read more...]
Why Good Moms Lose Custody
I’ll let you in on a secret: good moms lose custody. It doesn’t happen all the time. It doesn’t even happen most of the time. But, sometimes, good moms lose custody. Yes. Seriously. Sometimes, it happens that, even though a mom is a good mom, she loses custody. Why? Well, it really all depends on the unique factors in each case, but there are some similar themes we tend to see among cases like these. How are custody cases decided? When custody cases are litigated (meaning they go in … [Read more...]
