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 …
Disabled Parents and their Custody Rights
Child custody disputes are a complex process. If you are a disabled parent, or on SSDI, SSI, or VA Benefits, you might feel as if you are at a disadvantage in receiving a fair outcome in a custody trial. It can seem like no one believes you are capable of caring for your children. A …
Child Support Laws for an Adult Child with Disabilities
There is an expectation and duty for a parent to support their child and to make decisions on their behalf until they reach adulthood . Yet, these responsibilities can extend much longer when the child has special needs. Caring for and raising a special needs child will be a different experience and may require you …
Receiving Custody of a Special Needs Child in Virginia
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 …
Arranging Custody Schedules for Special Needs Children
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 …
North Carolina Emergency Child Custody
In Charlotte, a parent, or other interested party, is allowed to petition the court for an emergency child custody order or ex-parte order. In situations where you believe an emergency exists, there are specific elements that must be met. If a child’s health or safety is at risk in their current environment, or if there …
Does My Child Custody Case Have To Go To Court?
In 2018, there were 3,899 divorces in Mecklenburg County (which includes Charlotte, North Carolina). The year 2018 saw an increase in the number of divorces from 2017, which had 3,256 divorces. These numbers indicate that North Carolina ranks at number 19 for states in which divorces occur. According to recent surveys, divorces that involve children …
How Out of State Visitation and Child Custody Works
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 …
How To Determine Child Custody For Unmarried Couples
Establishing parental rights in order to establish child support, visitation, and custody of children can become challenging when a couple is unmarried. Child custody for parents who are married and seeking a divorce is already difficult on its own. When the parents are not married and have a child, custody can be tricky if the …
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?
Let’s start with a real-life scenario: John and Susan share physical custody of their daughter, Mary. They live about 10 minutes apart in the same Virginia town, and though Mary’s primary residence is with her mother, Susan, John spends several days a week with his daughter. He goes to her school functions, never misses a …
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 …