Child custody determinations are always made with the child’s best interests in mind, but the considerations vary slightly from state to state. In Virginia, child custody is determined by a number of factors in the state’s Juvenile and Domestic Relations District Courts. It is important to understand how child custody is determined in Virginia in order to have the best chance at gaining custody of your child in a Read More
Preparing For Mediation in Your Virginia Custody Dispute
Mediation is becoming an increasingly favored way for parents in Virginia custody disputes to create a workable custody arrangement which will then be approved and enforced by a Virginia court. Why? Many reasons, not the least of which are that mediation can save time and money. But the essence of mediation is that it allows the parents to collaboratively work out a custody arrangement without having to argue matters Read More
Will Medical Marijuana Affect My Virginia Child Custody Case?
Laws and cultural views toward marijuana, and specifically medical marijuana, are changing rapidly in the United States. Twenty-nine states and the District of Columbia have at least some laws on the books legalizing medical marijuana, and several states have legalized recreational use (marijuana use remains a federal crime, however). With medical marijuana becoming more accepted on the whole, an important question Read More
Abuse and Custody Proceedings in Virginia: What You Should Know
Domestic abuse is an epidemic across Virginia and the rest of the United States, and it often plays a role in family law proceedings. Abuse is a leading factor that leads to a person seeking divorce and/or custody of a child, and Virginia courts will take domestic abuse into account in determining custody matters. You should speak to an experienced family law attorney as soon as possible to discuss your legal options Read More
Can I Modify Custody in Virginia if My Ex-Spouse or I Get Remarried?
One of the biggest life changes that can occur post-divorce is when either you or your spouse decides to get married again. Whether this happens six months after the divorce or six years later, the understanding that you or your ex-spouse is moving on to another spouse can raise all kinds of issues. When kids are involved, however, these issues go beyond just emotional to more practical; day-to-day matters such as: Read More
4 Mistakes to Avoid in a Virginia Divorce That Could Affect Custody
For many parents, the most stressful and emotional aspects of a divorce relate to worries about their ability to maintain a close and loving relationship with their children, both through the divorce and afterwards. We want to do everything we can for our children, and we want to be there for them in the years to come. But the worry over having that relationship strained or impeded by the divorce can cause parents to Read More
My Ex is Talking Badly About Me to Our Children, Should I Confront Him/Her?
Whether you are recently separated and pursuing a divorce, or already divorced and well-entrenched in a custody arrangement with another parent, having your ex-spouse talk badly about you to your children is, at best, annoying and, at worst, creating lasting divisions and damage to your parent-child relationship, which could persist indefinitely. As members of a free society, we are all entitled to voice our Read More
How is Drug Testing Used in Virginia Custody Cases?
When the parents of a child cannot agree about custody and visitation arrangements for their child in Virginia, the state court will ultimately have to make its own decision regarding the legal and physical custody of the child. The court uses a “best interests” standard in making this determination. In particular, parental drug use has an enormous impact on the interests of that child and on the ability of a parent Read More
Child Visitation Laws in the State of Virginia
A parent who does not have custody of a child (also called a noncustodial parent) in Virginia will usually have a right to visitation with the child, even where the parents were never married. However, exercising this right may require the parent to obtain a court order. Below, we provide a brief overview of the child visitation laws in the state of Virginia. The Difference Between Custody and Visitation Both Read More
Determining Paternity in a Child Custody Dispute
When there is a dispute over the custody of a child in a Virginia court, that court is going to primarily look to the two biological parents of the child in determining who should have custody. It is possible for other people such as grandparents, aunts, or uncles to win custody of a child, but that will generally only occur where both biological parents are found to be unfit and/or unavailable. When a child is born Read More
