Posted on July 22, 2024 in Child Custody

When you and your ex were married, you got to work together to make medical decisions for your child. When you decided to get divorced, your custody arrangement determined who would be allowed to make these choices. This is known as legal custody, and it is separate from physical custody - where the child lives.

But you may find yourself in a situation where you and your ex don't agree on what should happen moving forward. Maybe you do not want your child to get certain vaccines from the doctor. Your ex does, and they are going to take the child to the doctor without your permission. Are they allowed to do so?

Is custody shared jointly?

It just depends on the custody arrangement. Even if was split between both of you, the court may have assigned legal custody to only one person. If your ex has sole legal custody, then they do have the right to make these decisions without your input.

But if legal custody was also shared or split between the two of you, then your ex cannot make this decision on their own. It would be a violation of your child custody rights if they made decisions about healthcare, religion, school or finances without consulting you.

Continue Reading ››

 Posted on July 02, 2024 in Child Custody

Sometimes, the most challenging aspect of your impending divorce is when and how you will tell your family and friends. Even more difficult is knowing when and how to tell your children.

It may be a conversation you wish to delay as long as possible, but there are several reasons why it's better to do it sooner rather than later.

A significant life change

While it's important not to wait too long to tell your children about the divorce, you also don't want to do it too soon. It's essential that you and your partner are absolutely sure about the division to divorce. You should also have a clear plan on how the divorce will proceed, including living arrangements, custody and a co-parenting plan.

You and your partner must decide on the right time and place to have this conversation with your children. Avoid holidays and special events, such as birthdays. Choose a calm, private setting where your children feel safe and secure.

If possible, both parents should be present. This can help reassure your children that even though your relationship with each other is changing, you are both committed to their well-being.

Continue Reading ››

 Posted on June 25, 2024 in Child Custody

Custody decisions are never easy, but they can become even more complex when a child has special needs. Like most states, Virginia courts have a single guiding principle: the child's best interests. The courts consider various factors to ensure the child's unique requirements are met in a supportive and stable environment.

Best interests of the child

The main concern in custody cases is the child's best interests. The court assesses which parent is better equipped to handle the child's primary needs. For instance, parents must cater to the physical health, emotional well-being, special educational programs and social development of a child with special needs.

Stability and continuity

Children with special needs often thrive on routine. The court looks at the continuity of care and the consistency of the child's environment. The preference may lean towards a parent offering a stable, predictable routine that accommodates the child's needs.

Continue Reading ››

 Posted on June 10, 2024 in Child Custody

In recent years, virtual visitation has become a valuable tool for maintaining parent-child relationships in families that are subject to co-parenting arrangements. involves using technology such as video calls, messaging apps and other online communication methods to facilitate contact between a child and whichever parent is not currently enjoying parenting time on any given day.

Including virtual visitation terms in a parenting plan can offer several benefits and considerations for co-parents and their children. Primarily, virtual visitation allows for frequent and flexible communication between a parent and their child when they're not enjoying parenting time with one another. Regular virtual contact can help to facilitate a strong emotional bond and support a child's sense of security and connection with both parents.

Benefits for children and parents alike

Incorporating virtual visitation into a family's parenting plan helps to ensure that both parents have clear guidelines and expectations regarding digital communication. This consistency helps children adapt to a routine, knowing they can regularly connect with each parent. A structured virtual visitation schedule can provide a sense of stability that may otherwise be missing from a family's dynamics.

Continue Reading ››

 Posted on June 08, 2024 in Divorce

Going through a divorce is one of the most difficult challenges you may face during your adult life. Complications of all kinds can make an already stressful process much more challenging. For example, divorcing a narcissist is unlikely to be a low-stress situation because a narcissist will often do whatever it takes to maintain control over all circumstances that involve them.

A narcissist is typically self-absorbed and lives in their own world. They often try to twist facts to meet their needs and they may try to invoke specific emotions and reactions from people around them.

Build an emotional wall

You can't let a narcissist see when they upset you because they may feel more powerful if they can manipulate your emotions. One crucial strategy is to build an emotional wall. By remaining emotionally detached, you can prevent them from exploiting your feelings.

Continue Reading ››

 Posted on May 21, 2024 in Family Law

It's a common misconception that in a divorce, one spouse will receive spousal support for the rest of their lives. However, that is far from the truth.

There are many factors to consider when determining whether a spouse will receive support, such as how much support they will receive and for how long.

The different types of spousal support

In Virginia, the purpose of spousal support is to provide financial assistance to the lower-earning spouse, helping to ensure both parties can maintain a reasonable standard of living. There are several types of spousal support:

1. Pendente lite is temporary support that is awarded during divorce proceedings. Its purpose is to provide financial assistance to the lower-earning spouse until the final divorce decree is issued.

2. Rehabilitative support is temporary and meant to assist the recipient spouse in becoming self-sufficient by acquiring education, training or work experience.

Continue Reading ››

 Posted on May 08, 2024 in Child Custody

Child custody is a very important matter for divorcing parents. Parents can gain the right to continue raising their children after a divorce with the use of child custody. Child custody is divided into two aspects:

• Physical custody: Where a child lives, who is responsible for providing their children food, shelter and other basic needs and how a child's daily routine is managed often depends on which parent has physical custody.
• Legal custody: A parent can make many major decisions for their children with legal custody. For instance, a parent can decide whether their child goes to private or public school or if they would benefit more from homeschooling if the parent has legal custody.

Physical and legal custody are often divided between parents - but not always. A often will decide what rights and obligations each parent has to their children after a divorce. Here is what you should know:

Splitting custody with a co-parent

Many courts believe that children benefit the most when parents share custody through a joint custody arrangement. Joint custody gives parents split custody rights. Parents may need to communicate with each other often about what they believe is best for their children.

Continue Reading ››

 Posted on May 02, 2024 in Child Custody

Most families are very busy during the summer months. While the children aren't in school, they may participate in summer camps and enjoy family vacations. If you're facing the first summer as a co-parent, there are a few things that you should think about.

One of the most important steps for you to take is to review your parenting plan to determine what restrictions and notification requirements are present for summer vacations. These may include limits on where you can take your children or how far in advance you have to let your co-parent know about your plans.

Remain as flexible as possible

The dates of a family vacation might not always fall in line with the parenting time schedule. If you and your ex can both be flexible about adjusting parenting time, the children are the ones who will likely benefit because they get time with both parents and they can also enjoy making vacation memories.

Continue Reading ››

 Posted on April 14, 2024 in Divorce

It's often hard for couples to communicate, both during a divorce and after it takes place. The end of the relationship is just too emotionally charged, and their conversations often evolve into arguments or disagreements.

But a divorce will go more smoothly when two people can communicate. Plus, when those people are co-parents who are sharing custody of their children, some level of communication is simply going to be necessary, even long after the divorce has concluded. One thing that can help is to consider the correct communication method.

How urgent is it?

There certainly are urgent situations in which you may need to call the other co-parent or talk to them in person. But these two tactics are the most likely to lead to a dispute, so they should often be avoided unless there's no other choice.

For less urgent conversations that still necessitate a relatively quick response, it may be easier to use text messaging or direct messaging. This puts some distance between the two of you. That distance can help to keep things calm and civil, even when you don't see eye to eye.

Continue Reading ››

 Posted on April 09, 2024 in Child Custody

Sharing custody after a divorce or separation can be a challenging undertaking. Some people find it very difficult to co-parent without conflict. Others simply struggle to adjust to the limits on their time with their children. Parents who keep the focus on their children may have an easier time adjusting to shared custody arrangements after a Virginia divorce.

Although conflict tends to diminish over time as everyone acclimates to the new arrangements, sometimes new issues arise that affect co-parenting relationships. One parent may desire to move with the children. New romantic relationships, job offers or family connections elsewhere could motivate a move. The goal might be to move across the state or perhaps to leave Virginia entirely.

If the parents do not agree about the relocation, then the matter may go to the family courts. How do Virginia family judges handle contested relocation cases?

The courts can't prevent a move

Contrary to what people sometimes think, family law judges in Virginia cannot prevent a parent from moving simply because they share custody of their children. However, a judge can decline to allow the children to relocate with one parent.

Continue Reading ››