The common preference in family law courts in Virginia is to maintain joint custody of a child during and after a divorce. This means that both parents maintain legal and physical custody of their child, and in some cases even splitting time equally, 50/50, between parents. However, an equal split of custody in a joint custody case often leads to questions about the payment of child support between parents. If the 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
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
How Long Must Child Support Be Paid in Virginia?
Under Virginia law, both parents have a duty to provide support to their minor children, regardless of whether the parents are currently married or were married in the past. Child support cases usually occur following a divorce or where the father has not married the mother of a child and is not providing support, and, if paternity of the child can be established in the case of an unwed father, the courts will 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
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
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
Questions to Ask Before You Hire a Family Law Attorney in Fredericksburg
Attorneys ask questions for a living – lots and lots of questions. There is nothing at all unusual about you asking your own questions before you trust a lawyer with your case. Although this is not a comprehensive list, below we’ve outlined several questions to give you insight into whether a prospective attorney would be a good fit for your needs. Add to or amend this list based on your concerns and constraints. Read More
