Do I have custody of my child? People care for children every single day and haven’t been to court to have custody and visitation determined. In most cases, those people don’t really worry about custody; they just have their kid, and they take care of him (or her). Things only really start to become a problem when there’s turmoil in the relationship between the parents. When the parties break up, for example, or when some formerly uninvolved parent resurfaces and suddenly wants time. I also … [Read more...]
In Your Virginia Child Custody Case, Forget Fair
It’s a tough pill to swallow, but it’s a truth that you should accept, and the earlier the better. Custody cases are not about fairness. There are lots of things about custody cases that are “unfair”. It’s not fair that he can petition, over and over again, for a modification based on a material change in circumstances. It’s not fair that, if you win at the juvenile court, he can appeal to the circuit court. It’s not fair that he can ask for a GAL or a custody evaluator to be involved, who … [Read more...]
Do I Want a Guardian ad Litem Appointed?
Do I want a Guardian ad litem appointed? A Guardian ad litem is an attorney appointed on behalf of a child in a custody case. We really don’t bring kids to court to testify; there won’t be a moment where the child has to tell the court whether he’d prefer to live with mom or dad. That just doesn’t happen. But, of course, in a custody case, the prominent parties are typically mom and dad, and their respective lawyers. Their lawyers will, obviously, argue THEIR respective points. But where … [Read more...]
My JAG Attorney Gave Me a Form Separation Agreement
My JAG attorney gave me a form separation agreement It’s not the first time I’ve written about JAG attorneys, and it probably won’t be the last, especially given that these same issues keep popping up time and time again in my practice. I’ve said it before: JAG attorneys are usually not licensed in the state in which they are stationed. If you’re military (which you probably are, or you wouldn’t have contact with a JAG attorney and you wouldn’t have found your way to this article), you … [Read more...]
What are your retainer fees?
What are your retainer fees? If that’s not a generic question, I don’t know what is! I know there’s a lot of confusion out there about how attorneys bill and what we charge for. I also know that there’s often a general feeling that we’re not all that willing to give straight answers. In law school, the joke was always that the answer to every single question is “It depends.” Today, I’m going to explain to you what goes in to setting retainer fees, and the different types of cases that we … [Read more...]
What kinds of free divorce and custody information can I get?
What kinds of free divorce and custody information can I get? While there are very, very few (if any) attorneys who’ll actually take on an entire divorce or custody case pro bono, there’s tons of free divorce and custody information out there. After all, having the right information is critical, because it will help ensure that you make the best decisions for yourself (and your children) possible. Where should I get started, if I want to get as much information as possible? You’re in the … [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...]
Calculating Days in Virginia Child Custody
Calculating Days in Virginia Child Custody Child support is complicated. On the one hand, in many cases it isn’t an issue, because it’s based on a formula, and the formula is binding on our courts. On the other hand, it is an issue, because when you get into shared physical custody, for example, the level of support a paying parent would have to pay is less than under a primary physical custody arrangement. So, even if it IS straightforward on its face, that doesn’t mean that there isn’t a … [Read more...]
Visitation with Sick Kids
There’s nothing worse than seeing your kids sick. Unless it’s having sick kids and knowing that, under the current custody and visitation order/agreement, they’ve got to go to their dad’s. Whatever your feelings about or your relationship with your child’s father, having your children away from you while they’re sick is not at all ideal. If you’re like me (and because you’re reading this post, I kind of assume that you are), you want your children with you especially when they’re sick, no … [Read more...]
How Virginia Courts Decide Custody
Custody cases are tricky. It’s not like divorce which, although difficult, is more or less a financial transaction where both parties walk away with some of the assets and some of the liabilities in the marriage. It’s pretty much understood that you won’t walk away with it all, because your spouse legally deserves a portion of both the benefit and the burden of your accumulated marital wealth or debt. In custody…it’s different. There’s no way to actually split the baby, so, in the absence … [Read more...]
