BoykoNapier, PLLC

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BoykoNapier Attorneys Selected as Superlawyers

May 31, 2020 By Marc Leave a Comment

BoykoNapier

BoykoNapier is pleased to announce that Marc A. Boyko and Mary A. Napier have been selected as 2020 Virginia Super Lawyers:

  • Marc Boyko – Superlawyer – Family Law
  • Mary Napier – Superlawyer, Rising Star –Family Law.  

Each year, no more than 2.5 percent of the attorneys in the state of Virginia are selected by the research team at Super Lawyers to receive this honor.  Our attorneys would like to thank their colleagues in the Richmond area for the nominations and support that led to this incredible recognition.

SL-logo-270x65

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding attorneys from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

If you are in need of a divorce or family law attorney, contact BoykoNapier today via phone at (804) 658-3418 or via email.

Filed Under: Uncategorized Tagged With: BoykoNapier, Family Law, SuperLawyers, Virginia Divorce

Virginia Spousal Support: Reaching Retirement Age

May 15, 2018 By Marc Leave a Comment

Courtesy of Franck Michal via flickr.com
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On July 1, Virginia’s law regarding spousal support modification is going to change in a big way.  The legislature has enacted an amendment to the existing law which will increase the potential for spousal support to be modified or terminated when a person reaches their full retirement age.

According to various sources, it appears that the divorce rate among older couples has been dramatically increasing in recent years–this has been referred to as the “gray divorce revolution”. This trend has presumably paved the way for legislative changes which take into account specific needs unique to older couples.

The law governing spousal support modification is set forth in Va. Code §20-109.  For support obligations that are deemed to be modifiable, a party seeking to amend or terminate their spousal support payment generally needs to prove a “material change in circumstances”.  As you can imagine, there is a lot of litigation regarding what constitutes a “material change in circumstances”–particularly in cases involving persons who are retired, or are seeking to retire.

With this upcoming amendment (which you can review here: Spousal Support Amendment to 20-109) the new law will specify that reaching full retirement age can serve as a material change in circumstances. Under the new Va. Code §20-109, Judges will need to consider several factors relating to the unique circumstances of an individual’s retirement in determining whether a modification is appropriate. The courts will also be able to take into account the assets and property of both parties in determining whether a modification is proper.

If you have any questions about how the new Virginia Spousal Support law may impact your case, contact an experienced Virginia divorce lawyer at BoykoNapier today.  Our attorneys handle divorce, family law and support matters throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  To contact a BoykoNapier attorney, call 804-658-3418, or you may reach us via email.

Filed Under: Divorce Tagged With: Divorce, Domestic Relations, Family Law, Material Change, Retirement, Spousal Support, Virginia Code

BoykoNapier Selected as Super Lawyers Rising Stars!

April 21, 2017 By Marc Leave a Comment

BoykoNapier, PLLC is pleased to announce that Marc A. Boyko and Mary A. Napier have been selected to the 2017 Virginia Super Lawyers Rising Stars list for Family Law.  Each year, no more than 2.5 percent of the attorneys in the state of Virginia are selected by the research team at Super Lawyers to receive this honor.  Our attorneys would like to thank their colleagues in the Richmond area for the nominations and support that led to this incredible recognition.

SL-logo-270x65

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding attorneys from more
than 70 practice areas who have attained a high degree of peer recognition and professional
achievement. The annual selections are made using a patented multiphase process that includes a
statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by
practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city
and regional magazines and newspapers across the country. Super Lawyers Magazines also feature
editorial profiles of attorneys who embody excellence in the practice of law. For more information
about Super Lawyers, visit SuperLawyers.com.

If you are in need of a divorce or family law attorney, contact BoykoNapier at (804) 658-3418, or via email.

Filed Under: Uncategorized Tagged With: Divorce, Family Law, Marc Boyko, Mary Napier, Richmond, Super Lawyers, Virginia

Virginia Child Support: Understanding Imputation of Income

January 12, 2017 By Marc Leave a Comment

Richmond Skyline
Courtesy of Mobilis in Mobili via flickr.com

In Virginia child support cases, imputation of income can have a substantial influence the amount of a support obligation. Understanding how and when a court will impute income is a complex endeavor.  This post is designed to give you a few basic pointers so that you can better understand the concept of imputing income.  If you have questions about your specific case, it is important to speak with an experienced family law and divorce attorney.

  • Read the Virginia Code

In determining the amount of child support, a Virginia court is guided by child support guidelines.  These guidelines are “presumptive” in that a judge shall presume, subject to rebuttal, that the guideline figure is the appropriate figure for support.   However, Virginia Code Section 20-108.1 sets forth factors that a judge may consider in determining whether to deviate from the guidelines.  Factor number three states as follows:

  • “Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to a custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party, including to attend and complete an educational or vocational program likely to maintain or increase the party’s earning potential”

This language authorizes a Virginia court, in certain circumstances, to consider imputing income to a party based on that parties’ employment decisions.  Accordingly, this language plays a critical role in each imputation issue.

  • Determine Whether Imputation is a Potential Issue

If a Virginia Circuit or Juvenile Court imputes income to a party, the court has essentially declared that the parent should be earning more than the parent is actually earning.  These are some common examples of situations where this issue arises:

  1. A parent has quit, or been fired from their job
  2. A parent is working less than full-time hours
  3. A parent has taken a pay decrease, or accepted a different job for less pay
  4. A parent is not working, but is capable of working
  • Gather the Evidence

Proving that a parent is voluntarily unemployed or under-employed can be a difficult task.  In many cases, it is advisable to gather evidence to demonstrate the person’s earning capacity.  Some examples of relevant evidence may include past earnings (i.e. pay stubs, tax returns), documentation regarding termination of former employment (i.e. termination letter, employer disciplinary records), documentation regarding educational background, and medical records showing a capacity to maintain employment.

  • Consult with a Vocational Expert

A vocational expert may be a critical witness in your support case when imputation of income is an issue.  A vocational expert can provide an opinion regarding the earning capacity of a parent, and can show evidence of employment opportunities.  An opinion from such an expert can often become a vital piece of evidence that can sway a judge’s decision regarding whether or not to impute income.

If you have additional questions about imputation of income, child support laws, or any other family law or divorce issue, contact an experienced Virginia attorney at BoykoNapier.  The trial lawyers at BoykoNapier represent clients in all manner of family law and divorce cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities.  Contact BoykoNapier at (804) 658-3418, or you may reach us via email.

Filed Under: Child Support, Family Law Tagged With: Child Support, Divorce, Family Law, Imputation, Imputing Income, Support Guidelines, Virginia Code

Virginia Child Custody Tip: Picking a Summer Visitation Schedule

August 25, 2016 By Marc Leave a Comment

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

Filed Under: Child Custody, Family Law Tagged With: Child Custody, Custody Lawyer, Divorce, Family Law, Summer Visitation, Visitation

Virginia Child Custody Tip: The Importance of Co-parenting

May 5, 2016 By Marc Leave a Comment

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

Filed Under: Child Custody, Family Law Tagged With: Child Custody, Co-parent, Divorce, Family Law, Parenting, Virginia, Visitation

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

December 4, 2015 By Marc Leave a Comment

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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.

Filed Under: Child Custody, Divorce Tagged With: Adoption, Child Custody, Divorce, Family Law, Marital Property, same-sex marriage, Separation, Virginia, Virginia Code

Virginia Divorce: What Assets and Debts Are Divided?

October 19, 2015 By Marc Leave a Comment

Courtesy of Taber Andrew Bain via flickr.com license link
Courtesy of Taber Andrew Bain via flickr.com
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In Virginia, the division of assets and debts is often a major point of concern for individuals seeking a divorce.  Generally speaking, divorcing parties will divide “marital” assets and debts. If the parties are unable to reach an agreement, they will have a Virginia Circuit Court Judge determine how to divide the marital assets and debts. Because court-division is timely and expensive, many people resolve these issues by agreement.  However, it is critical that you understand what assets/debts are “marital” and subject to division; individuals often fail to recognize what property is subject to being divided, potentially resulting in them reaching an agreement to waive property rights worth thousands of dollars!

The difference between “marital” and “separate” assets is described in Virginia Code Section 20-107.3; it may seem simple based on the plain language of the statute, but there are several common misconceptions.  Here are some true/false inquiries to highlight the misconceptions:

  • T/F: My spouse has the boat and I don’t ever really use it so he is automatically able to claim the property as separate.
    • Answer: False. Actual possession and use does not generally dictate whether a piece of property is marital or separate.
  • T/F: Our house is deeded in my husband’s name, so it’s automatically his property and I don’t have any interest.
    • Answer: False.   Just because a piece of property is deeded or titled in one spouses name does not necessarily mean that the other spouse doesn’t have an interest.
  • T/F: My husband has credit card debt his his sole name, but I might be required to pay for some if it was accrued during marriage even though I’m not on the account.
    • Answer: True.  As with property mentioned above, just because a debt is in one spouses name does not necessarily mean that the debt will be “separate” – in fact, if it was accrued during marriage, there is a good chance it will be classified as marital or part-marital (a.k.a. “hybrid property”).
  • T/F: My spouse and I keep separate bank accounts so we each keep what we have no matter what.
    • Answer: False.  Just because both parties have similar accounts in their own name does not necessarily mean that the accounts are not “marital” and subject to division by a Court.

In Virginia divorce litigation, the classification of property as marital or separate and the determination of your rights in such property is controlled by the definitions and language of Virginia Code § 20-107.3, which may not match one’s preconceived notions. If no agreement is reached, it is the responsibility of the parties to accurately and effectively present the court with the information to properly classify property for allocation. Parties failing to meet a burden of showing evidence to support a certain classification of property, or parties failing to recognize all marital property when signing a Property Settlement Agreement, may quickly lose valuable property interests.  Please understand that this post is designed to provide very general information; every case is unique, and it is important that you speak with an experienced divorce attorney about property issues in your case.

Whether you believe you and your spouse are heading toward a highly contested divorce or you believe that a settlement is the likely outcome, the experienced Virginia divorce lawyers at BoykoNapier are available to assist. If you have questions about your case, call us at (804) 658-3418, or contact us via email.

Filed Under: Divorce Tagged With: Divorce, Divorce Lawyer, Equitable Distribution, Family Law, Marital Property, Virginia, Virginia Code, Virginia Divorce Law

Virginia Custody and Visitation Cases – What Do I File?

August 31, 2015 By Marc Leave a Comment

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

Filed Under: Child Custody Tagged With: Child Custody, Divorce, Family Law, Virginia, Visitation

The Ins and Outs of Supervised Visitation in Virginia

May 22, 2015 By Marc Leave a Comment

Supervised Visitation
Courtesy of gramarye via flickr.com
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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.



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Filed Under: Child Custody, Family Law Tagged With: Child Custody, Divorce, Experienced Attorney, Family Law, Supervised Visitation, Virginia, Visitation

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Richmond, Virginia 23228
Phone: (804) 658-3418
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