Custody hearings can be stressful without the confusion of what certain legal terms mean. To help ease the custody process, here are a few helpful vocabulary terms. Temporary Custody – Determines who will have custody of the child while the parties wait for a court hearing. A best interests standard will be applied to determine temporary custody. Legal Custody – The power …
The Adultery Technology Arms Race
Technology, like having a bunch of money, is neither good nor bad in itself. The thing is how you use it. Technology has made cheating on your spouse, or catching a cheater, easier than ever. There are also digital tools that can aid the unfaithful and the untrusting—and possibly even mend some marriages heading for trouble. There may truly be …
Do Grandparents Have Any Custody Rights In Virginia?
Yes. Virginia Code § 20.124.1 states that “a person with a “legitimate interest” shall be broadly construed and includes, but is not limited to, grandparents.” However, in Virginia there is a Parental Presumption. Parental Presumption The Parental Presumption was established in Troxel v. Granville, 530 US 57 (2000). In Troxel, grandparents petitioned a Washington Superior Court for the right to …
Guardian ad Litem: What’s That?
In many child custody cases, judges will appoint a Guardian ad Litem, also known as a GAL. Guardian ad Litem means “guardian for the suit”. A GAL in Virginia is an attorney who helps assist the judge in determining the circumstances of the case. A GAL’s role is to represent the children in the proceeding. The GAL will speak with …
Can Social Media Affect my Family Law Case?
YES! Social media plays an important part in our world today, and there is no exception to this concept for divorce and custody cases. In 2015, the American Academy of Matrimonial Lawyers released the results of its recent survey about the power of social media and technology in divorce cases. According to the survey, 81% of Lawyer members have used …
Virginia Divorce: What’s Going to Happen to My Life?
No two divorce cases are the same, but they all tend to involve and revolve around a number of similar issues. What can you expect? Here are the usual issues divorcing parties must deal with: Child custody and visitation: If you and your spouse have children together, you will need to find a living arrangement that serves your kids’ interests. …
Family Law Myths
Here are a few myths and concerns that we often hear from our clients or potential clients that are really commonly-held “myths”: MYTH: It’s a bad thing if your lawyer is acquainted with, or somehow associates with “the other side.” TRUTH: A lot of people going through a divorce experience tremendous anger toward their soon to be ex-partner. Those feelings are …
What Do We Tell the Children?
Tips for Talking to Your Children About Your Divorce Sarah and John tried everything to save their marriage: counseling, vacations, even a trial separation. Yet the fights continued. So, after nights of one or the other sleeping in the guest room, after days of crying, talking, and soul searching, the couple realized that divorce was their last, best option. Although …
Child Support FAQs
What is Child Support? Child support is the monetary obligation that a noncustodial parent/responsible party (parent who does not have physical custody of their child) pays to the parent who does (custodial parent). In Virginia, both parents are financially responsible for the child, but the law presumes that the parent with whom the child is living provides for many of …
The Question Must be Why NOT Try Mediation?
In any legal dispute, to include divorces, Mediation is an option you can use to minimize your costs in terms of legal fees, to maintain more control over what happens to you, and to more likely get to a more satisfactory result. In a divorce, for example, a lot is at stake: all your property and your children–and your life …