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...]
Is custody included in my separation agreement?
Is custody included in my separation agreement? If you’ve never been through this before, you probably have a lot of questions. Of course you do! After all, it’s complicated, and even a bit scary. You’re dividing up your whole life, and you don’t know what that will mean or how it will impact your every day. I met with a woman the other day who asked me, “Should I file for custody and visitation, while we’re working on the separation agreement?” A perfectly good question, but one that showed … [Read more...]
Emergency Petitions for Custody in Virginia
Emergency Petitions for Custody in Virginia When I was a kid, I took the whole “boy who cried wolf” story a little too seriously. I vividly remember being told about 911, and how it was only to be used in emergencies. I vaguely remember a terrible impression that bad things happened to people who called 911 when it wasn’t an emergency. As an adult, I have a really difficult time, even now, classifying things as an emergency. I’m not sure if I’m scared I’ll appear melodramatic, or if someone … [Read more...]
Will my child’s father get visitation if I’m breastfeeding?
Will my child’s father get visitation if I’m breastfeeding? Breastfeeding is something that comes up pretty often when we’re talking about custody and visitation of infants – and sometimes even toddlers and beyond! With the wealth of information that is available to us nowadays, most people are aware of the fact that the benefits of breastfeeding extend for as long as mom and child continue to nurse. For a lot of moms (myself included), establishing breastfeeding is difficult and fraught … [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...]
Emergency Petitions for Custody in Virginia
Emergency Petitions for Custody in Virginia When I was a kid, I took the whole “boy who cried wolf” story a little too seriously. I vividly remember being told about 911, and how it was only to be used in emergencies. I vaguely remember a terrible impression that bad things happened to people who called 911 when it wasn’t an emergency. As an adult, I have a really difficult time, even now, classifying things as an emergency. I’m not sure if I’m scared I’ll appear melodramatic, or if someone … [Read more...]
When coparents are petty
When coparents are petty I heard a new one the other day. It doesn’t happen all that often, at this stage in the game, but yesterday it did. I was talking to a woman who told me that her child’s father, after their divorce, tried to one-up her in every single way imaginable – even with the tooth fairy! My son is only two, so I don’t have to deal with the whole tooth fairy thing yet. It’s my understanding, though, that the going rate for teeth has increased since my childhood. When I was a … [Read more...]
When Virginia Moms Lose Custody
When Virginia Moms Lose Custody The worst has happened. You went to court, and a judge ordered custody to your child’s father. You lost custody. You can’t believe it. You. Lost. Custody. You want to throw up. You’re panicked and terrified. What happens next? How do you get your kids back? What should you do now, and who do you pick to help you along the way? Well, of course, a lot depends on your case. Obviously, the judge saw something about you that was concerning. If it’s drug or alcohol … [Read more...]
What can I do about my child’s father’s prior drug use?
What can I do about my child’s father’s prior drug use? Drug and alcohol use is always a big deal in a custody case, especially if it is (or has been) the kind of drug use that interferes with a parent’s ability to hold down a job or co-parent effectively. In my experience as a divorce and custody lawyer, I’ve seen cases that have run the gamut. Former addicts who’ve gotten clean, and some who just can’t seem to get their acts together. I’ve even seen some who refuse to try at all. But, if … [Read more...]
My juvenile court case got appealed! What now?
My juvenile court case got appealed! What now? The downside of the juvenile court is definitely the appeals situation. Well, that’s the downside if you won in the juvenile court, anyway. If you lost at the juvenile court level, well, then, it’s absolutely your right to appeal! (Funny how there are two sides to every coin, right?) But, today, I’m really talking about what happens if you won in juvenile court, and the opposing party notes an appeal. It can be incredibly frustrating, especially … [Read more...]
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