BoykoNapier, PLLC

Call: 804-658-3418

Coronavirus: FAQs for Virginia Divorce and Child Custody Cases

By Leave a Comment

Corona Virus Legal
Courtesy of nursingschoolsnearme.com/ via flickr.com license link

We hope this is a once in a lifetime scenario: schools are closed, daycare facilities are closed, businesses are laying people off and closing their doors. The list goes on. 

It is difficult to navigate this uncertain and unprecedented situation; there are more questions than answers.  In this post we briefly address a few questions that we have been receiving for ongoing divorce and child custody cases.

  • Q: Will my scheduled hearing be canceled?
    • As our society continues to work towards containing the spread, the Virginia Supreme Court has ordered circuit and district courts to continue non-essential/non-emergent hearings. Most cases set between between now and April 26 will be rescheduled–including most divorce and child custody/visitation matters*. 
    • *Emergency custody hearings, abuse and neglect cases, and protective orders may continue to be heard.  Here is a link to the Supreme Court’s Order, which you should review. We strongly advise you to check with your jurisdiction to verify the status of your case.
    • If you already have an attorney, reach out to them; if you do not, we would recommend speaking with an experienced divorce and family law attorney regarding your specific circumstances.
  • Q: How can I resolve disputes that arise before the Courts will hear my case?
    • This is a very common concern, and a difficult question.  The short answer is: compromise.  We are all in unfamiliar territory, and we should work towards fair and reasonable resolutions whenever possible.  Use the Golden-Rule and remember that how you handle disputes right now can help/hurt your cause if you ultimately end up in front of a judge down the line.
    • It is also important to note that courts are technically open, despite hearing limited cases during this “shutdown”.  You may still be permitted to file pleadings/motions with the Court in order to take steps towards judicial relief.  You should check the current protocol in your jurisdiction and also speak with an attorney to determine how best to proceed.
  • Q: Since school is technically over until next semester, should our summer visitation schedule start immediately?
    • Another common, complicated question without a clear answer, unless somehow your Order is very specific regarding what should happen if school lets out early (unlikely). 
    • Again, this is unfamiliar territory.  Visitation language is not constructed to account for unknown and unexpected catastrophes, and as such there is likely to be valid arguments on both sides of this question.
    • As noted above, if you can reach a fair compromise, great.  Communicate with each other; co-parent.
  • Q: I am the primary custodian for my child.  Should I keep my child at home and deny visitation to the other parent until the coronavirus crisis passes?
    • We cannot advise our clients to disregard an existing Court Order and we reiterate how important communication and co-parenting is at this juncture.
    • Both parents should recognize the value of limiting exchanges/transportation for their children to maintain social distancing and minimize exposure.  Additionally, both parties should be considerate of unique circumstances that might heighten the risks (one parent’s immune-deficiency, for example).
    • That being said, the crisis should not necessarily be viewed as a means of withholding contact from the other parent.  Again, it is important to practice reasonable judgment and work towards a mutual resolution. 

If you would like to speak with an attorney to address questions about your case, please give BoykoNapier a call today at 804-658-3418, or you can contact us via email.

Virginia Child Custody Tip: Picking a Summer Visitation Schedule

By Leave a Comment

palm tree beach
Courtesy of Lyniel Sy via flickr.com
license link

In theory, co-parenting during the summer should be a breeze–no school, no homework, no stress, right?  In practice, things can get pretty complicated trying to come up with a summer visitation schedule that works for both parents and keeps the children happy.  This post offers brief thoughts on some frequently-used summer visitation schedules.  Now that summer is nearly over, you can reflect on these options to determine what to do for next year.  As with all of our posts, this is not designed to offer legal advice regarding what schedule would work best for you and your family.  If you have specific questions, you should speak with an experienced Virginia family law and divorce attorney.

  • General Visitation Schedule + Vacation option

    • Overview – Perhaps the most common summer visitation schedule is keeping the school-year schedule through the summer months (where the custodial parent retains “primary custody”).  Normally, in addition to the regular schedule, the parents will both have an option to exercise a certain number of uninterrupted weeks with the children during the summer (often two or three weeks).
      • Benefits – Keeping the children in the same routine can be beneficial.  The parents are also used to the routine and it may be ideal for their respective work schedules.  Also, if the normal schedule is a shared or equal schedule, there is often little reason or need to change for the summer.
      • Detriments – A school-year visitation schedule may be difficult to manage for parents when the children aren’t actually in school.  Planning day care, summer camps, and vacations can be complicated, and often lead to a tug-of-war for time between parents.

  • Week to Week

    • Overview – Another common arrangement is for parents to alternate weeks with their children throughout the summer.  This is particularly common for parents who live near one-another and who have both maintained a good relationship with the children.
      • Benefits – Equal time for parents can be healthy for children.  It is an easy structure to follow and there are fewer visitation exchanges (i.e. less back and forth).  This structure also provides plenty of opportunity for vacations and less risk for scheduling conflicts.
      • Detriments – For some parents (especially working parents), making daycare/camp arrangements every other week is complicated and expensive.  If this is a concern for you, perhaps a 2-week on, 2-week off summer visitation schedule might be better.

  • Majority to Non-Custodial Parent

    • Overview – This summer visitation schedule is particularly common for parents who live in different locations.  Because transportation is expensive and time consuming, when a non-custodial parent lives far away from the child during the school year, there aren’t many opportunities for visitation.  Hence, give them most of the summer.
      • Benefits – A large portion of the summer gives a parent (who is mostly absent from the child’s life during school) the additional time needed to maintain a strong bond with their child.  It also allows a child to adapt to a new environment without the burden of homework assignments or other school-related stress.
      • Detriments – For the custodial parent, it is often difficult to stomach being away from their child for long periods of time.  For the noncustodial parent, it is often difficult to rekindle a relationship after only seeing their child sporadically during the school year.

Hopefully these comments will get you thinking about what might be best for your child during the summer.  Perhaps one of these options would suit them well; perhaps yet another schedule would be best.  Brainstorming with the other parent could also help.

If you have questions about summer visitation, or about other child custody or visitation issues, contact an experienced family law and divorce attorney at BoykoNapier.  BoykoNapier represents clients throughout Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding localities.  Feel free to contact BoykoNapier at (804) 658-3418, or you may contact us via email.

Virginia Child Custody Tip: The Importance of Co-parenting

By Leave a Comment

co-parenting chairs
Courtesy of Richard Walker via flickr.com
license link

Co-parenting is no easy task, especially when your relationship with the other parent has ended and you are living in different homes.  Nevertheless, it is very important that you dedicate time and energy towards building good co-parenting skills.

Life will be a lot brighter and less stressful (for you and your child) if you and the other parent can have positive, productive communication and make decisions effectively.  This post is designed to provide a few tips for co-parenting from a Virginia family law attorney’s prospective.   This information is not intended as legal advice, as every co-parenting relationship is unique.  Should you have specific questions regarding your custody or visitation case, be sure to speak with an experienced divorce or family law attorney.

  • Focus on Your Child.

    • Be sure to remember that co-parenting is all about your child.  Your child’s best interest should be the focus.
    • While it is easier said than done, try not to let emotion get in the way, whatever your personal feelings about the other parent may be.

  • Set Co-parenting Boundaries (if necessary).

    • If you and the other parent are frequently engaged in conflict when you interact, use methods that are less-prone to produce controversy and are more productive.
    • For example, if phone calls or in-person discussions often lead to arguments and rarely lead to solutions, consider written correspondence (such as email or text) as a primary method of communication.

  • Be Responsive and Informative.

    • One of the best ways to maintain respect in your co-parenting relationship is to be responsive and informative.
    • Do your best to answer calls and respond to emails.  Giving and receiving information about your child should be a priority, not a burden.

  • Avoid Negativity to Avoid Conflict.

    • The Golden Rule is important in all aspects of life, but particularly in co-parenting.  Complaints, blame, and unwarranted criticism will often degrade your relationship with the other parent and negatively impact your ability to communicate effectively.
    • Try and be positive when communicating about your child.  If you have a grievance with the other parent, consider offering practical solutions to prevent the issue from resurfacing in the future.

  • Two Wrongs Don’t Make a Right.

    • Just because the parent of your child is not co-parenting effectively (i.e. they are non-responsive, negative, or constantly sparking controversy) doesn’t mean that you should do the same.
    • Which parent communicates the best is often an important factor for a Judge who is considering child custody or visitation issues.  Take a look at our Child Custody and Visitation Factors blog post and Virginia Code 20-124.3 to learn more about all of the Virginia child custody and visitation factors (a.k.a. the best interests factors).

We hope these tips will help you in your co-parenting relationship.  If you find that your co-parenting relationship is an ongoing struggle, it may be wise to consider speaking with an experienced co-parenting counselor.

If you have specific questions about your Virginia child custody or visitation case, feel free to contact us.  The experienced lawyers at BoykoNapier handle divorce and family law matters through Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding localities.  Contact BoykoNapier at (804) 658-3418, or via email.

Same-Sex Marriage in Virginia: Divorce, Custody and Adoption

By Leave a Comment

Flag
Courtesy of Ted Eytan via flickr.com license link

With its decision in Obergefell v. Hodges, the United States Supreme Court ruled that all states are required to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions. While the Supreme Court provided clarity on the issue of same-sex marriage, practitioners and same-sex couples are now facing new legal questions in the areas of divorce and child custody.

Virginia Same-Sex Divorce Concerns:

  • At first blush, it would appear that the divorce of same-sex couples would not raise any novel legal issues. However, an interesting question on a seemingly simple point, “what is the date of marriage,” could have large impacts in Virginia divorce litigation. For couples married after the Obergefell decision, the date of marriage will be easy to determine, but, what about couples married before the decision?
  • For example, take a same-sex couple married in Maryland in 2013 and now divorcing in Virginia. Would a Virginia Court consider the date of marriage to be the date in 2013 (a time when Virginia did not recognize same-sex marriage), the date in July 2014 when the Federal District Court for the Eastern District of Virginia ruled Virginia’s ban on same-sex marriage unconstitutional, the date in August 2014 when the Fourth Circuit Court of Appeals upheld this decision, the date in October 2014 when the Supreme Court of the United States denied certiorari for the appeal, or some other date entirely?
  • While the issue of date of marriage may seem rather insignificant when contemplating divorce, the decision on this question can have a large impact. Moving the date of marriage will shorten, or extend, the overall duration of the marriage, a factor that courts are required to consider when determining spousal support (see Virginia Code 20-107.1) and ruling on property distribution (see Virginia Code 20-107.3).
  • More importantly, a later date of marriage can greatly affect the classification of property as “marital”, “separate”, or “part-marital”/”hybrid” property.  Because property acquired by a party prior to the marriage is generally separate property and not subject to distribution by a Court, while property purchased during the marriage is generally marital property, a shifting of the date of marriage could result in a substantial shift of property from marital property to separate property of one party.  For additional information on this point, please review our recent post about property and debt classification in a Divorce: Virginia Divorce: What Assets and Debts are Divided?

Virginia Same-Sex Child Custody and Visitation Concerns:

  • Issues may also arise in the areas of child custody and visitation and parental rights. Parental rights, and the custody and visitation rights that go along with them, are generally granted to legal parents, either biological or adoptive. For same-sex couples, it is often the case that at least one partner will not be deemed a “biological” parent to the child.  It will be interesting to see the evolution of this issue as Courts begin to interpret the statutory language and subsequent court opinions in Virginia.
  • The best way to avoid the above issues regarding custody and parental rights in Virginia may be through a “step-parent adoption” pursuant to Virginia Code 63.2-1241. Such adoptions may often be completed with the consent of the birth parent who acted as a surrogate or sperm donor, by a showing that the identity of the sperm donor is not reasonably ascertainable, or through litigation showing that the consent of the other birth parent is being withheld contrary to the best interest of the child.
  • See also Virginia Code 20-158.

If you are faced with a legal issue involving same-sex marriage, it is as important as ever to have an attorney on your side as you navigate the new legal issues. The experienced Divorce and Family Law Attorneys at BoykoNapier are here to help.    For questions about your case, call (804) 658-3418, or contact us via email.

Virginia Custody and Visitation Cases – What Do I File?

By Leave a Comment

Courtesy of Taber Andrew Bain via flickr.com license link
Courtesy of Taber Andrew Bain via flickr.com
license link

When entering (or re-entering) child custody litigation, the legal documents that parents file determine which set of legal standards and procedures will be applied.  Throughout the lifetime of a child, parents may commence custody and visitation cases by filing initial petitions, motions to amend, or de novo appeals (not to mention appeals to higher appellate courts, which will not be addressed in this post). What are these different stages, why are these filings important, and how can an experienced family law and divorce attorney at BoykoNapier help you successfully navigate this terrain?  Please keep in mind that all cases are unique and you should consult with an experienced Virginia lawyer about what to file for your particular case.

Initial Petition in Virginia Juvenile Court/Complaint for Divorce in Circuit Court

When parents have not previously litigated custody and visitation issues and are seeking to open a case with the Virginia Juvenile Court, they will be directed to file “initial petitions”. Even if parents have been operating under an informal agreement for several years before going to court, the proceedings are still initiated by the filing of initial petitions in Juvenile Court. Generally speaking, if a Court is a proper forum (i.e. proper jurisdiction and venue) to hear the case, there is no legal threshold required in order file an initial petition. The court’s paramount concern will be “what is in the best interest of this child?”  The Court will be guided by the factors contained in Virginia Code Section 20-124.3.

Another common court filing that also initiates child custody and visitation issues is a Complaint for Divorce, which is filed in Circuit Court.  When parents of a minor child are married and seeking a divorce, the Judge in Circuit Court will also have the ability (a.k.a. jurisdiction) to make a decision and enter an order regarding child custody and visitation.

Motion to Amend (aka “Modification Petition”) in Virginia Juvenile Court

If parents return to court after a final custody and visitation order was entered, they will normally do so by filing a Motion to Amend.  A Motion to Amend is a motion filed with the court that requests a change to the current child custody/visitation order.  Unlike initial petitions where there is not generally a legal threshold required to file, to prevent parents from continuously filing to change a court order, the party who files a Motion to Amend is usually required to prove that there has been a “material change in circumstances” since the entry of the last court order.  If the moving party is successful in proving that there was a material change in circumstances, the court will again analyze what result would be in the best interest of the child before determining whether or not to change the order.

De Novo Appeal in Virginia Circuit Court

Following any child custody or visitation determination in a Virginia Juvenile and Domestic Relations Court, each party has the right to appeal the case to Circuit Court. These appeals are referred to as “de novo” (which means starting over), because the Circuit Court will not consider the evidence presented before the Juvenile Court.  Instead, the Court will hear the entire case again, just as if it had not already been presented before a Juvenile Court. As you can imagine, it is not uncommon for the appeal to result in a drastically different result. The legal standard to be applied by the Circuit Court depends on the type of petition brought before the Juvenile Court.

Speak with a Virginia Child Custody/Family Law Attorney

It is important that any litigant in a custody dispute understand the proper petition/motion to file and the applicable legal standards. The attorneys at BoykoNapier are experienced in all manner of family law and divorce cases.  Our lawyers will assist you through each of the steps of custody and visitation proceeding. For questions about your custody or divorce case, call (804) 658-3418, or contact us via email.

The Ins and Outs of Supervised Visitation in Virginia

By Leave a Comment

Supervised Visitation
Courtesy of gramarye via flickr.com
license link

In Virginia, Judges have the authority to order that a person’s visitation with their minor child be supervised.  Because we receive tons of questions about supervised visitation, we thought it would be good to create a short post with some basic information.

What is supervised visitation?

  • Supervised visitation is when a parent who is visiting with their child has another individual (a.k.a. “the supervisor”) in their presence to ensure that the visitation is safe and appropriate for the child.
  • The role of the supervisor is an important one; the supervisor is tasked with monitoring the parent’s behavior and interactions with the child during the visitation.

Why would a Judge order supervised visitation?

While there are a variety of situations in which a court might order supervised visitation, here are a few common examples:

  • Drug or alcohol use. If the non-custodial parent has a history of drug or alcohol abuse, the court may order supervision during visitation.
  • History of poor parental judgment. If the non-custodial parent has made parenting decisions that have put the child in danger, or that have otherwise negatively impacted the child, a court may order supervised visitation.
  • Mental illness. If the non-custodial parent has a history of severe mental health issues, a court may order supervised visitation.
  • History of Family Abuse or Anger problems. If the non-custodial parent has a history of family abuse or anger issues, a court may order supervised visitation (as well as an anger management course in certain cases).
  • Lack of involvement.  If a parent has not been consistently involved in their child’s life, a Court may order supervision to ensure that there is a smooth transition for the child while they build (or rebuild) their relationship with the parent.

Who is the supervisor?

  • It really depends on the case.  In some situations, the Court will allow the custodial or non-custodial parent to select an appropriate supervisor, or required that the parents use a mutually agreeable supervisor.  In other cases, the Court will select the supervisor, or order that the visitation take place at a special facility that will supervise the visits in a controlled environment.
  • For custodial parents, if you are allowed to select the supervisor, it is important to select someone whom you trust to be your eyes and ears during the visitation; you want to use someone who will report back to you in the event of any issues with the visitation.
  • For noncustodial parents, if you are allowed to select the supervisor, be sure to select someone reliable who is going to show up on time and be available for each visitation.

If you have questions about supervised visitation in Virginia, it is important to speak with an experienced family law attorney about your case.  The lawyers at BoykoNapier are experienced in all aspects of family law and divorce matters, including complex child custody and visitation cases. BoykoNapier handles cases throughout the Richmond area, including Henrico, Hanover, Chesterfield and the surrounding localities.  For questions about your custody or divorce case, call (804) 658-3418, or contact them via email.

Child Support in Virginia: Understanding Shared Guidelines

By Leave a Comment

boy at aquarium
Courtesy of U.S. Army via flickr.com
license link

In Virginia, the child support amount that one parent pays to another is often calculated using support guidelines.  Depending on the custodial arrangement that exists between the parents, a Court may choose between different types of support guideline calculations.

This post is a brief introduction to “shared” guidelines, which are often utilized for parents who have joint or shared physical custody.  As you may recall from our previous child support posts, most of what you need to know about support guidelines in Virginia can be found in the child support guidelines statute: Virginia Code Section 20-108.2.  This includes information about shared guidelines.

You may have asked (or been asked) the following question: if I get more time with my son/daughter, will I pay less in support?  The answer is . . . maybe.  It depends on how much custodial time you are exercising.  Unlike “sole” guidelines (which do not consider the amount of custodial time that is exercised by the “non-custodial parent”), shared guidelines factor in the custodial arrangements between parents.  Simply put, if the court uses shared guidelines, the more equal the custodial time between the parents, the less support that will be paid between them.

So, when will the Court use shared child support guidelines in Virginia?

  • In order to qualify for shared guidelines, the parent obligated to pay support must exercise at least 90 days of custodial time with the child during a calendar year.
  • It is important to note, that a “day” is specifically defined in the statute as “… a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period.”
  • (Side note: as you can imagine, the number of “days” that a parent exercises is a topic that is frequently debated.)

If you are involved in a child support case, it is important to speak with an experienced Virginia family law attorney.  You may be eligible for different child support guideline calculations that could have a positive impact on your case.

The divorce and family law attorneys at BoykoNapier are experienced in all manner of child support cases.  Give BoykoNapier a call at (804) 658-3418 to discuss your case, or contact them via email.

 

Virginia Child Visitation – Finding the Right Arrangement

By Leave a Comment

Man with child
Courtesy of Esther Gibbons via flickr.com
license link

If you have children and are separated or divorced from the other parent, chances are you have a visitation arrangement of some kind. It might be a simple understanding with no concrete terms, or it might be spelled out in detail and contained in a written Virginia court order. Whatever the case, it is important for separated parents to be open-minded about what visitation arrangement is best for their child. After all, kids change as they grow up, and what works today might be broken tomorrow.

We frequently have folks come to us with one question: How do I figure out what visitation arrangement is best? Unfortunately, we cannot answer that one for you.  There is no person better equipped to answer that question than you, the parent. You have unique knowledge about your child, and about the kind of relationship (or lack thereof) they have with the other parent.  Only you will know if the right arrangement for your child requires a dozen provisions to iron out every possible scenario, or if the right arrangement is to leave the options open at all times.

Common General Visitation Arrangements:

  • “Every Other Weekend” – very typical for school-aged children, this arrangement normally provides the non-custodial parent with visitation on alternating weekends, usually from Friday evening to Sunday evening.  Additional visitation time could include weekday dinner visits or participation in extracurricular activities.
  • “Fifty/Fifty” – also referred to as joint physical custody, this arrangement provides each parent with an equal amount of visitation time with the child.  Often, this is week-on week-off.  However, some parents split the week and alternate weekends, while some alternate every day.  There are also some parents who get limited time during the school year, but get the entire summer and most holidays in order to achieve a true fifty/fifty arrangement.
  • “Shared” – a shared visitation arrangement (also called shared physical custody) describes a situation where both parents have a substantial amount of visitation time, though not necessarily fifty-fifty.  For example, a parent who receives three-weekends a month during the school year, and every other week during the summer would usually be considered to have shared custody of their child.  As you can imagine, the types of  visitation arrangements that fall under this category are numerous and often times very creative.
  • “Supervised” – a supervised visitation arrangement in Virginia is a situation where the non-custodial parent’s visitation time must be supervised by another person.  This is usually a third-party relative, though it may be the other parent or even a formal facility that provides supervision.

(Note: the phrase “general visitation” is often different from holiday and summer visitation.  Many parents will have an additional visitation arrangement for major holidays, and allot additional visitation time during the summer months.)

If you are looking for factors to guide your decision, it might be helpful to glance at the “best interests statute” (Va. Code 20-124.3), which sets forth the factors that Virginia judges are required to consider when determining a visitation arrangement. However, you are not limited by these factors. Use your best parenting skills to figure out what visitation arrangement would best suit your son or daughter. Even if you cannot reach an agreement with the other parent, at least you will be prepared to articulate your desired outcome to your attorney, or to a judge or mediator.

If you have a questions about your child visitation case, it is important to speak with an experienced Virginia family law attorney.  The lawyers at BoykoNapier are experienced in all types of family law and divorce cases, including child custody, visitation and support.  Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  Call BoykoNapier at (804) 658-3418 to schedule a consultation, or contact us via email.

Virginia Child Custody: Legal vs. Physical

By Leave a Comment

children and parents
Courtesy of Karsten Bitter via flickr.com
license link

In Virginia child custody cases, many folks mistakenly believe that the phrase “joint custody” always means that parties share custodial time with their child.  However, in Virginia, there are two types of custody: legal custody and physical custody.  If you are dealing with child custody and visitation issues, it is important to know the difference.

What is Legal Custody?

Most parents have joint legal custody.  According to Virginia Code Section 20-124.1, “joint legal custody” means that parents have “joint responsibility for the care and control of the child and joint authority to make decisions concerning the child . . .”  Thus, parents with joint legal custody should collaborate and discuss important issues involving their child.

“Sole legal custody” would therefore refer to a situation where one parent holds the decision-making authority in reference to the child.

What is Physical Custody?

According to Virginia Code Section 20-146.1, “‘Physical custody’ means the physical care and supervision of a child.”  Joint physical custodians would thereby “share physical and custodial care of the child,” according to Section 20-124.1.

So, when you are discussing child custody, remember the distinction and be sure to address both “legal” and “physical” custody.  Also, remember that you can have “joint legal custody” and/or “joint physical custody”; just because you have joint legal, doesn’t mean you have to have joint physical.

If you have a questions about your child custody case, it is important to speak with an experienced Virginia custody lawyer.  The attorneys at BoykoNapier are experienced in all types of family law and divorce cases, including child custody, visitation and support.  Our attorneys represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  Call BoykoNapier at (804) 658-3418 to schedule a consultation, or contact us via email.

“I Want Custody” – How to File in Virginia

By Leave a Comment

Courtesy of Todd Binger via flickr.com license link
Courtesy of Todd Binger via flickr.com
license link

“I want to file for custody of my child.  How do I do that?”  As you can imagine, this is one of the most common questions posed to a Family Law Attorney.  Because filing for child custody or visitation is a stressful and confusing endeavor, we wanted to take a few minutes to share some information.  However, we cannot offer specific legal advise in this post because every case is unique.  That being said, we strongly encourage you to speak with an experienced Virginia Family Law Attorney about your circumstances.

Issue 1: What do I file in Virginia?

In Virginia, custody and visitation cases are normally initiated when a parent or other interested party files a “Petition”.  This assumes that there has never been any other court cases involving your child (if so, you would likely need to file a different pleading known as a “Motion to Amend”) and that Virginia has jurisdiction (see below).

Depending on the locality where your Petition is filed, you may have to make an appointment.  You will also typically be required to pay a filing fee, and to fill out a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.  Because of the varying policies of the different localities, it is advisable that you contact the locality where you plan to file in advance, or do some online research–Henrico County, for example, posts information about filing petitions on their website.

Issue 2: Where do I file?

This question is very case specific and consultation with a Virginia child custody attorney is highly recommended.  In order to determine where to file, several additional questions must be answered first in order to determine what state and locality has jurisdiction over custody and visitation of your child (i.e. what state/locality has the legal authority to make a ruling on custody/visitation).

Can you file in Virginia?  Briefly put, here are a few of the common issues that could potentially disrupt Virginia’s jurisdiction:

  • There is an existing court order from another state regarding custody and visitation;
  • Your child lives in another state;
  • Your child has lived in Virginia for less than six months and another parent lives outside of Virginia.

Assuming Virginia has jurisdiction, another significant hurdle is determining what city or county you should file in.   If you have never been to court before regarding your child, you will most likely want to file your petition(s) in the Juvenile and Domestic Relations District Court in the city or county where your child resides.  However, there are numerous issues that could impact this as well: for example, if the other parent of your child just moved out and took your child and moved to another locality, you may want to file where you live, and not in the locality where the child is now located.  Long story short, speak with an attorney to go over your specific circumstances to be sure you are filing the appropriate documents in the appropriate location.

Issue 3: What Will Happen After I File?

Procedurally speaking, you will usually get  a court date where a judge will make decisions regarding the issues before him or her (i.e. custody and visitation of your child).  Every city/county has their own policies and procedures that you will want to familiarize yourself with.  For example, the timeframe between filing your petition and your first court date will be different depending on where your case is being heard.  Counties and cities in the Richmond area tend to have busier dockets than some smaller counties.  Additionally, some localities refer parties to mediation and/or parenting classes prior to the Court date (or sometimes following the first Court date).  There are also a variety of other issues that could arise during your case, including: the appointment of a guardian ad litem to represent your child; psychological evaluations; counseling requirements; and the list goes on.

The attorneys at BoykoNapier are experienced in all types of Child Custody and Visitation matters in Virginia.  Our attorneys handle cases throughout Central Virginia, including Richmond, Chesterfield, Henrico, Hanover and the surrounding communities.  Call us to schedule a consultation at (804) 658-3418, or contact us via email.



Related Posts Plugin for WordPress, Blogger...

Call Us: (804) 658-3418

Office Address:
5807 Staples Mill Road
Richmond, Virginia 23228
Phone: (804) 658-3418
Fax: (804) 658-3441

Social

Google+
Disclaimer