Custody and Visitation on Halloween Holidays are hard. They’re always hard. I field questions about holidays probably almost every single day. Generally speaking, holidays are alternated between parents. We alternate legal holidays – the Fourth of July, Memorial Day, Labor Day, and Thanksgiving. We usually alternate Christmas and Spring Break, too, to varying degrees, both to reflect the need for both parents to be able to spend time with the children during the holidays, but also to reflect … [Read more...]
How to Sue your Guardian ad Litem
How to Sue Your Guardian ad Litem In custody and visitation cases, Guardians ad litem are some of the most passionately despised people, and probably at least once a week someone asks me what they can do to either get rid of their Guardian ad litem or request that they be sanctioned for their behavior. How do I sue my guardian ad litem? This is a bit of a trick question. The answer? You don’t. You definitely, definitely don’t. The risk is just too great. You have to remember a couple of … [Read more...]
Custody and Child Support of Older Teenagers
Custody and Child Support of Older Teenagers Under the law, a child magically becomes an adult on their 18th birthday. But what does that mean, and how does it impact custody and visitation? When you have an older teenaged child, what options do you have? What does the court allow? These are all good questions, and, if you’re the parent of an older child, you’ve probably found that a lot of the information related to custody and visitation relates to much younger children. You’re probably … [Read more...]
Can I handle my Virginia family law case myself?
Can I handle my Virginia family law case myself? Under Virginia law, you are free to elect to handle your own family law case in the Virginia courts. Depending on the complexity of your case and the issues involved, though, it may be more or less possible to do so. Family law cases cover several varieties – juvenile court cases (custody, visitation, child support, protective orders), and circuit court cases (divorces and appeals). We can talk about each in more detail, and how likely it is … [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...]
What if my child is subpoenaed in a custody case
What if my child is subpoenaed in a custody case? Custody cases are about as common as…well, something that’s very common. We see them literally all the time, and they can come about in a bunch of different ways. Obviously, you don’t have to be married to have a custody case; you just have to share a child in common with your former partner. So, some custody cases are part of a larger divorce action, while others relate only to shared children. Still others are modifications of previously … [Read more...]
Virginia Custody Issues: He won’t let me see the kids
He won’t let me see the kids To cut to the chase and state the obvious as simply as possible: if there’s no custody order in place (as in, you and your child’s father have never (1) been to court to let a judge determine custody, and (2) you’ve never signed an agreement related to custody and visitation), both you and your child’s father have equal and complete rights to your children. You can take them when and where you want, including but not limited to Timbuktu. Though your child’s … [Read more...]
Emergency Custody Hearings
If you’ve found your way to this page, you probably already know that, in most jurisdictions, it can take several months to get a hearing schedule on custody and visitation petitions with a juvenile court. In Chesapeake, for example, it takes 90 days for the court to review the petitions, and usually another 90 to get a hearing scheduled! For most people, when they seek legal help, it’s because they’re at the end of their rope and they just don’t know how to proceed. Having to wait another … [Read more...]
Women Facing Virginia Custody Cases
When it comes to facing a custody case, you probably feel like a fish out of water. And, honestly, if you don’t feel that way, you probably should. I don’t say that to scare you – I don’t ever want to just scare anybody – but only to make you aware that things that you may take for granted are often different in custody cases. You have to remember that in litigated cases everywhere, it’s judges – some of the oldest and most conservative members of our population, especially in Virginia – who … [Read more...]
Divorce with a Newborn Baby
If things aren’t working out between you and your child’s father and you’ve got a newborn in the house, you’re not alone. But you’re probably feeling pretty alone, and overwhelmed, and, if you’re like every other mom in that dreaded 4th trimester, more than a little hormonal. Besides that, you’re exhausted, and that just doesn’t allow anyone to think very clearly, let alone a new mama. Babies don’t fix anything; in fact, they often make a bad situation even worse, because you add on to it all … [Read more...]
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