Determining child custody for unmarried couples involves establishing legal parental rights and addressing child support, visitation, and custody agreements to ensure your child’s best interests are met. For example, if you are the father of your child, you still need legal proof of being your child’s biological parent. A Virginia custody and visitation lawyer will give …
Steps For Fathers To Win Their Child Custody Battle
What Steps Can A Father Take In A Child Custody Battle? In the case of child custody, it is not about winning or losing. Your child is not a prize in a game. They are precious to you, and you very naturally want full custody. You believe you are the right person to raise and …
Mental Health Issues in Custody Cases
In recent years there has been a sharp increase in accusations of mental health issues in child custody cases. Parents who have a history of any mental health diagnosis are often faced with attacks based on their condition when requesting custody. What impact does having a diagnosis actually have on your case? Mental Health Diagnosis …
Mask or No Mask – Who Gets to Choose?
Up until last week, Virginia public schools required all students to wear a face covering during school. Now, the governor has issued new guidance that parents may elect whether or not their student has to wear a mask. But for divorced or separated parents – the decision may not be quite so easy. Parents who …
Should You Use Social Media During Divorce?
Social media has become a huge portion of our lives – from sharing our daily activities, funny anecdotes, photos of our families and our food, friends and colleagues get a glimpse into your private life that they otherwise would not have access to. During a divorce, navigating social media can be tricky. Making a post …
Child Custody in Virginia… Can I Relocate Out of State?
You may be able to relocate out of state if you are a custodial parent in Virginia; however, certain laws and requirements apply. For example, if you have a current custody order, you will have to notify the court and the non-custodial parent within 30 days of your expected move. The noncustodial parent may also …
Virginia False Cps Reports and What You Can Do
In contested family law matters, child protective services often gets involved where there are concerns of abuse, neglect, or mistreatment of children. CPS takes reports from family members, as well as other members of the community anonymously and for any reason. Most frequently reports are made by family members, neighbors, friends, educators, and even acquaintances. …
The Other Parent Won’t Let Me See My Child; What Can I Do?
Withholding of a child from visitation from their other parent can be a serious factor for the court to consider in any custody or visitation case. In some situations, the court will intervene by either changing custody completely, or by ordering re-unification therapy for the child and the other parent. You have different remedies available …
COVID-19 and Your Estate Plan
As COVID-19 continues to spread throughout the United States, more Americans are facing new realities. Dealing with school closures, quarantines, and stay-at-home orders has impacted businesses and families in new ways. During times like this, more families are getting to their “to-do” lists that may have been lingering on their minds for some time. These …
Custody Exchanges During COVID-19
In Executive Order 55, Governor Northam issued a stay-at-home order for all non-essential purposes and limited social gatherings to less than 10 people in Virginia. The order specifically addressed child custody and visitation, stating that individuals may “leave their residence for purposes of … traveling required by court order or to facilitate custody, visitation, or …
Emergency Child Custody in Virginia
If a child’s health or safety is at risk in their current environment, parents or other interested parties can petition the court for emergency child custody. There are specific rules that apply to emergency custody. At any time, parents, step-parents, or others can petition the court for custody of the child and must demonstrate their …
Third Party Custody and the Parental Presumption
In Virginia, custody of a child may be awarded to any non-parent with a legitimate interest. The statute provides a presumption for the “primacy of the parent-child relationship.” Va Code 20-124.2(B). Anyone who wishes to overcome this presumption must demonstrate by clear and convincing evidence that the best interest of the child would be better …