For moms facing a custody case, nothing strikes fear into their hearts quite like the possibility of working with a Guardian ad litem. As a mom myself, I can understand the fear. A lawyer (yes—a lawyer!) will have the opportunity to talk to you and your child’s father and even your child (without you present!) and, ultimately, make a recommendation to the judge about what is in the child’s best interests. I agree – that’s tough. Infuriating, even. Especially when the Guardian ad litem … [Read more...]
When can a child decide which parent to live with in a Virginia custody case?
In the movies, children are often asked to decide which parent they want to live with after a divorce. In popular culture, too, I think the understanding is there that, at a certain point, a kid can make decisions for himself about where he’ll spend the majority of his time.In the movies, children are often asked to decide which parent they want to live with after a divorce. In popular culture, too, I think the understanding is there that, at a certain point, a kid can make decisions for … [Read more...]
Deadbeat Dad Now Wants Custody
Divorce and custody cases do all sorts of things to people. Things that, before the case were on the horizon, would have seemed unthinkable—in both good ways and bad. One of the most annoying things that happens is when a formerly deadbeat dad decides that he now wants custody, or at least wants more parenting time with the children than you might have originally expected given his general lack of interest and involvement up until this point. It’s frustrating, but it’s also incredibly common. … [Read more...]
Removing a Virginia Guardian ad Litem
In Virginia, as in most states, the standard we use for custody cases is the best interests of the child. In Virginia, as in most states, we have a number of factors that comprise, basically, what factors we believe account for what types of choices, when it comes to custody and visitation, are in a child's best interests. Even still, though, it's not always easy to tell exactly what's in the best interests of a particular child under a unique set of circumstances. As far as a judge is … [Read more...]
What are you sharing about your kids on Facebook, and how can it impact your divorce or custody case?
There’s no question that ours is a society that shares information first and then thinks later. Usually, that’s not a problem and, even if it is, it’s one of our own making—one that we can choose to deal with (or not), whatever the case may be. You can certainly choose to share whatever you like, whether other people like it (literally) or not. When it comes to your children, though, and the information that you choose to share about them (particularly if you’ve got a pending divorce or … [Read more...]
January Custody Bootcamp
It’s January, which means that Custody Bootcamp for Moms is coming up again soon! We still have space for the January 28th seminar, so, if you’ve got a court date coming up or just want to check in on your attorney, now is definitely the time to get registered to attend! Custody Bootcamp for Moms is a really amazing seminar; really, there’s nothing else like it for moms or dads or, really, anyone anywhere else in the country. If you’ve got a custody case, or are worried that you might, you’re … [Read more...]
Virginia Custody Laws: Can I move with my child?
We see it all the time. When things don’t work out between a woman and the father of her children, her first impulse is to pack up and move back home. Without the support provided by the child’s father, there seems no reason, to mom at least, to stick around. In fact, the thing that seems the most logical is to just head back home, wherever that is. Whether it’s halfway across the world, on the other side of the country, or in the next city over, relocation can present a lot of different … [Read more...]
Can I file custody and visitation petitions on my own?
It seems like a lot of the women I meet with want to talk to me in the hopes that they’ll find out they DON’T need to hire an attorney. (I try not to take it personally or let it hurt my feelings.) The truth is, though, that I understand completely. Hiring an attorney is scary. It’s expensive. And it seems like a big blank check leading you to—well, that’s the problem, isn’t it? You don’t even know where! When it comes to child support, custody, and visitation petitions, lots of women want to … [Read more...]
When You DON’T Have a Custody Order in Place
When a couple has a child together, there is no custody order. There’s no “every other weekend” rule, even if mom and dad are no longer romantically involved. Married or single, it doesn’t make any difference. Babies aren’t born with rules about custody in place. Furthermore, babies are born to two parents, each of whom has equal rights with respect to the child. Neither parent is more important than the other. Think about how it works in a marriage or other committed relationship. Mom and … [Read more...]
