Learning about a Dissolution of Marriage can be overwhelming. Not only does a person have to deal with the feelings of uncertainty about finances and their future, they’re also trying to understand what to ask the Court to do for them and how to prove their case. Anyone filing for divorce in Florida should consult …
As of July 1, 2023, the passage of SB 130 also known as “Greyson’s Law” created in new statutory language and 61.13(2) that expands upon what the court shall consider when determining whether shared or sole responsibility would be detrimental to a minor child. The bill also expanded the 13th factor to include letter “m,” …
According to the 2019 U.S. Census, approximately 2.6 million U.S. households have at least one child with a disability. Divorce and co-parenting children is difficult enough, but the process becomes even more complicated when your child has special emotional or medical needs. Due to the additional care requirements, special needs children require a more thorough …
Child custody cases involving special needs children tend to be more complex and involve more elements than other custody cases. Your special needs child may not fully understand what is happening or require special accommodations, potentially resulting in you seeking a more flexible order from the court. Physical and legal custody of a special needs …
Approximately 17% of children, or one in six, have one or more developmental disabilities such as ADHD or autism spectrum disorder (ASD). The challenges of raising an autistic child or a child with other special needs can become greater during a divorce. Devising a strong custody arrangement and parenting plan is essential to protect the …
Securing primary custody of your child after a divorce is a great victory, but there are often conditions you must abide by from a court order to maintain that custody. Most are obvious, like no domestic violence, but there are some unexpected obstacles you may not see coming. For example, moving out of state can …
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 …
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 …
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 …
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 …
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 …
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 …
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. …
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 …
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 …
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 …
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 …
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 …
