On Monday, we talked about issues that gay parents face in custody and visitation cases, with specific emphasis on couples who have always been gay. I don’t say “always” to ignite any kind of nature or nurture debate, but merely to illustrate that there are some differences between gay partners who had children together and divorced, heterosexual couples where one parent engages in a subsequent same sex relationship. Though these people, too, have likely “always” been gay (and I certainly mean … [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...]
Already Signed Separation Agreement
Already Signed Separation Agreement I met with a woman the other day who, from the moment she sat down, told me that she had just signed whatever her husband put in front of her because she wanted to keep things amicable. They have four children in common, and parenting was – understandably – her primary concern. He told her that they’d share custody. But the agreement said that dad would get primary physical custody, and mom would only get visitation every other weekend. She was under … [Read more...]
Do I need a divorce seminar?
Do I need a divorce seminar? These days, people get information in all sorts of different ways. I was scrolling through Facebook just this morning while I was blow drying my hair, and came across a really interesting article in Forbes about the new ioS 13 update and how we’ll soon be able to protect our private data (like location services) from apps that try to access it in new ways. I wasn’t even looking for it, but it really gave me insight into something new. I like that. Or, at least, … [Read more...]
Parental Alienation in Virginia Custody Cases
Parental Alienation in Virginia Custody Cases One of the sharpest swords in a dad’s arsenal when it comes to custody cases is often a parental alienation claim. It’s an easy thing to claim, and it often creates a really tricky “he said, she said” situation that can make it hard to asses the truthfulness of anyone involved. That’s the problem with custody cases, isn’t it? How do you refute something that he just seems to pick out of the air? And, when it comes to parental alienation claims, … [Read more...]
How long do we have to be married to get half the house?
How long do we have to be married to get half the house? There are a lot of myths and misconceptions about divorce and the divorce process in Virginia. When it comes to property division, there’s a lot of confusion and misunderstanding. I like to think that a big part of my job is just providing education, so that women know what to expect and at least how the law works. I saw a question the other day, “How long do we have to be married to get half the house?” and I knew I had to address it, … [Read more...]
Celebrating Holidays When You’re Separated
Celebrating Holidays When You’re Separated Well, it’s officially November, which means that the holidays are literally right around the corner. For most people, it’s a pretty joyful, exciting time – looking forward to some extra time off of work, watching the Thanksgiving Day parade in your pajamas, enjoying Christmas breakfast with the extended fam, avoiding that annual family drama or too-long hugs from your weird uncle. If you’re newly separated, though, the holidays can be a really … [Read more...]
Grandparent and Non Parent Rights in Custody Cases Part 2
On Friday, we talked about custody and visitation cases where a grandparent – or other non parent – petitions the court for custody and/or visitation. The cases I described on Friday are otherwise normal custody cases, where mom and dad share custody and visitation of the minor children in question. In those cases, grandparents (or other nonparents petitioning for custody and/or visitation) have to meet a standard beyond the typical “best interests of the child” standard. They have to show … [Read more...]
When your faith doesn’t allow divorce
When your faith doesn’t allow divorce Believe me, I am far from a spiritual adviser. What I am, though, is someone who has seen a lot of divorce. I’ve seen women in my office make arguments for divorce, and arguments against divorce. Though my general feeling is that most people who say that they don’t believe in divorce haven’t been unhappily married themselves, I do also hear from people who object to divorce on religious grounds. Though I don’t argue for or against divorce in any case … [Read more...]
Does my teenager have to go to visitation with his father?
Does my teenager have to go to visitation with his father? I hate these cases. Really, really hate them. I see moms with some frequency who come in and tell me that they were trying not to make any future issues with custody and visitation, but that their child asked them to intervene for one reason or another. Usually, these children are older teenagers (15+) and they’ve asked, for whatever reason, not to be forced to go to visitation with their fathers. The moms, more often than not, feel … [Read more...]
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