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
Religion and Child Custody in Virginia: Who Gets to Decide?
For many parents going through a divorce, being able to guide the religious upbringing of their children is a major concern. This is especially the case when the parents are of a different faith, or one parent is opposed to the child being exposed to any religious teaching or community. This can, of course, be challenging for the child as well, who may be getting conflicting perspectives on faith from each parent. Read More
What Are Some Ways To Make the Divorce Process Easier?
“Divorce” and “easy” are usually not words spoken together in the same breath, and it’s not surprising that this is the case. After all, divorce involves huge emotional, financial, and lifestyle changes: moving out into a new residence, leaving the partner you’ve been with for years for uncertain territory, establishing changed relationships and living situations with children, and adjusting to new financial Read More
Advice for Divorcing Dads Who Want to Retain Child Custody
Dads going through the divorce or other custody process in Virginia often believe the system is rigged against them. This frustration can boil over into a cynicism about the family law process, causing them to give up their rights or to act out in ways that may hurt their case. No doubt that family law and custody issues can be emotionally trying and many fathers do not want the courts to be involved in their Read More
Do I Have to Pay Child Support if I Have Joint Custody?
When two parents are working through the divorce process and negotiating issues like divisions of property, custody, spousal support, and child support, so many surprising and new questions can arise. After all, the state (usually) doesn’t step in when you are functioning as a married family to dictate how money is spent and how children are cared for. But to obtain a valid divorce, the court will want to see either Read More
What is Sole Custody?
The life changes from divorce are difficult for children, who need stability, security, and routine. If obtaining sole custody of your children is your objective, it is likely that you have some compelling reasons motivating this decision. You may fear for their safety, or worse, you may feel apprehensive that they might be kidnapped, or taken out of the state or country. Having a powerful advocate who will work Read More
Child Custody Mediation: A Powerful Alternative to Litigation
As family law attorneys, we work with clients facing difficult emotional challenges related to going through a divorce, obtaining spousal and child support, and trying to adjust to life after a separation or divorce while dealing with the demands of the law. But one of the more emotionally grueling types of situations we often see is when parents fight in court over the custody of their children, and a judge has to Read More
Can I Relocate with My Children after My Divorce Is Final?
Life goes on after divorce and changes in your life may take you out of the city or state. You may be offered a higher-paying job in a different location, need to relocate to be near your family, or remarry a person who lives in another area. There are many valid reasons to relocate after a divorce, but the question is: Will you be allowed to take your children with you? If the other parent objects to the move, Read More
How Child Custody Mediation Works
Generally, it is better when divorcing spouses can settle their issues between them rather than leaving decisions in the hands of the court. Nevertheless, it is not always easy to come to an agreement, particularly when the issue being decided is custody of your children. Child custody mediation provides a means to resolve this critical issue outside of the courtroom. The spouses hire a mediator -- a neutral Read More
