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...]
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...]
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...]
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...]
He just wants to pay less child support
I see it all the time. It makes me sad, but it's just the way it is. For a lot of dads, their chief motivation is figuring out some way to pay less child support -- or, even better, none at all. To them, I think, it feels like a long term monthly payment to their child's mother for her benefit, rather than for the benefit of their child. They imagine that their child's mother is going out for spa days, getting massages and nails done on their dime. At least, that's what I have to assume that … [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...]
What To Expect: Virginia Custody and Visitation
Custody and visitation cases can run the gamut. Of course, that’s because the facts involved in each case can differ dramatically from one to the next, and that can have a lot to do with how the judge rules. A lot of factors can influence Virginia custody and visitation. Obviously, what is appropriate for an infant is different for an elementary school aged child, which is different from what is appropriate for a kid in his junior year of high school. The physical and mental condition of the … [Read more...]
Virginia child custody in separation agreements
Separation agreements are great, because they allow parties to reach an agreement about how their divorce will be handled, rather than litigating things and ultimately leaving it up to a judge to decide. Judges are super smart and all that, but (1) they don’t know your case as well as you do, and (2) don’t have the time to dedicate to figuring it all out, with all the other cases that are jamming up their dockets. It’s not a judgment; it’s just fact, and it’s something that you need to be … [Read more...]
Raising and Lowering Virginia Child Support
As far as things go, child support is one of the easiest issues we deal with in our practice. In a lot of ways, it’s so cut and dry that we don’t spend a lot of time talking about it. That doesn’t mean, though, that you’re not wondering about it—after all, it’s all new to you, and you’re probably wondering how things work, and what you can expect to happen in your divorce or your custody case as far as child support is concerned. Am I right? Good—well, that’s why I’m writing to you today. We’re … [Read more...]
