The future of your child must be the highest priority when you and your spouse are pursuing a divorce. It is, of course, paramount that minor children are well cared for by the parent or parents who can best provide for them. A parenting plan, also known as a custody/visitation agreement, will help you ensure that the children are prioritized …
When Can My Child Choose Which Parent to Live With?
I hear this question during nearly every one of my custody consults that involves children over a certain age. When can a child decide which parent to live with in a Virginia custody case? I wish I could give a clear answer, but the fact is, in Virginia, there really is no “magic age” that a child can decide which …
Tips to Make Visitation Exchanges Easier
Trust me when I say that custody and visitation cases almost always involve some stress, annoyances, and difficulties, no matter what terms you are on with your ex. Exchanging your child with the opposing party can be frustrating and maddening, however, this is one of those times that you need to put what is best for your child before what …
In-Home Separation: What’s That?!
One of the requirements for a no-fault divorce in Virginia is you must have lived “separate and apart” from your spouse for a period of six months if you have no minor children and a signed property settlement agreement, or one year if you do have minor children. Many people assume that this means you cannot live in the same …
Tips for Successful Co-Parenting
In the midst of a bitter custody battle, the person who ends up the most hurt is usually not the parents at all, but the child. It seems obvious, but many forget that it is so important that your child not suffer just because you and the other parent dislike each other or are unable to communicate. It is important …
Divorce: Who gets the Family Dog?
For couples getting a divorce, custody is one of the hardest issues to resolve. Pet custody is no exception. A 2014 study, conducted by the American Association of Matrimonial Lawyers, found that more than a quarter of the respondents have seen an increase in pet custody cases during the past five years. In addition, 22% of the respondents have said …
I’m not receiving my child support obligation: What can I do?
There are two main ways to ensure that you receive your child support obligation. First, you can file a Motion to Show Cause. This allows the custodial parent to bring the noncustodial parent to court to show cause why he/she has failed to comply with their court ordered child support obligation. A judge can choose to find the noncustodial parent …
When Can I Leave my Children Home Alone?
It depends. Shockingly, Virginia law does not provide a specific age number for which children can be left home alone by themselves. However, The Department of Social Services (DSS) warns that age alone is never a good indicator of a child’s maturity level. In addition, DSS provides the following helpful guidelines when determining whether your child is ready to be …
4 Steps to an Easier Virginia Divorce
Divorce can be a very overwhelming and time consuming process. In addition, you may be feeling hurt, betrayed, abandoned, and even angry. These feelings are natural! However, you cannot let your personal feelings cloud your judgment or affect the outcome of your divorce proceeding. Below are 4 simple steps you can take to help increase the prospect of a positive …
Custody Lingo: What Does it all Mean?
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 …
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