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...]
Super Dad: A Virginia Custody Phenomenon
Watch out for Super Dad! “Super Dad” is a special kind of phenomenon that is unique to custody and visitation cases. In most families, while mom and dad are together, it’s the mom who bears the brunt of the parenting responsibility. It’s normally mom who drives the carpools, attends the parent teacher conferences, schedules all the doctors appointments, never forgets a birthday, runs out for poster board the night before the school project is due… and on and on and on. Both the physical and the … [Read more...]
What goes into the child support calculation?
What goes into the child support calculation? There are a LOT of pieces of information that go into a child support calculation, and it’s probably easiest to understand if we delve into each of those pieces of information. As you probably already know, child support is based on a formula, and that formula is binding on our courts. We plug the information you give us (we’ll go into more detail below), and the number it spits out is the guideline amount of child support. Whether your attorney … [Read more...]
Determining Custody and Visitation
Determining Custody and Visitation If you’re like me, you hate the idea of living with uncertainty. Even worse than uncertainty generally is uncertainty where your children are concerned. If you don’t have anything official regarding custody and visitation – no agreement or court order – then both you and your child’s father have custody. That sounds unpalatable to you? You want to do something about it to ensure that you have the type of custody that you feel you should have given the level … [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...]
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...]
