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
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
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
