Pets are like family for many of us and can be a very sensitive subject during the divorce. While we may treat our pets like children, the courts will not. The courts look at pets as property to be distributed in the same way as the home, a 401(k) or your boat. This means, if you have to fight in court over this, you will need to think of your pet as property in order for you to have coherent arguments for why the court should award you the pet.
However, as with everything else in a divorce, you and your spouse can agree to whatever arrangements you would like. You can agree that you each get one of the dogs. You can agree that you move the dogs back and forth from week to week or month to month. Or maybe you agree that one of you will keep the pets, but will allow the other person to have certain amounts of time with the pets. You can agree on who will pay for vet bills, dog food and dog toys. If you can agree, you can make it happen. For many people, because of the sensitive nature of pets, it is better for them to come to an agreement that makes everyone at least somewhat happy, rather than allow the court to award the pet as property to one spouse or the other.
If you are thinking about divorcing or currently going through a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Showing posts with label custody. Show all posts
Showing posts with label custody. Show all posts
Monday, April 28, 2014
Friday, April 25, 2014
Thinking about Divorce: Should I leave?
This is a question many people face between the time that they've decided they want a divorce and the time they visit an attorney: Should I leave the home? You may face this question for a multitude of reasons: your spouse refuses to leave, you need your space, you want a fresh start, etc. You should be aware, however, that leaving the marital home may have consequences to you.
Leaving the marital home may decrease the chances that the court award you custody of the children. In many cases (although, remember, child custody takes many factors into account), the parent remaining in the marital home may be awarded custody. This is because courts like to see stability for the children and remaining in the home may be able to increase that stability. There may be additional monetary consequences when it comes down to distributing assets, depending on the specifics of your case.
If you are thinking about divorcing, you should contact an attorney as soon as possible to determine the best avenue for you to move forward. If you would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Leaving the marital home may decrease the chances that the court award you custody of the children. In many cases (although, remember, child custody takes many factors into account), the parent remaining in the marital home may be awarded custody. This is because courts like to see stability for the children and remaining in the home may be able to increase that stability. There may be additional monetary consequences when it comes down to distributing assets, depending on the specifics of your case.
If you are thinking about divorcing, you should contact an attorney as soon as possible to determine the best avenue for you to move forward. If you would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Wednesday, April 23, 2014
Common Divorce Terms Defined
Divorce can be a complicated process, which is only made more complex by the multitude of legal terms we use during that process. Thought it would be impossible to define all possible terms you could run into during a divorce, here's a list of some common terms and brief definitions:
"Equitable Distribution": The scheme for dividing property during a divorce in Virginia. It includes a list of factors that the judge takes into account and may not result in a 50/50 split of assets and liabilities. Those factors include (from Virginia Code Ann. Sec. 20-107.3) :
1. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
3. The duration of the marriage;
4. The ages and physical and mental condition of the parties;
5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95;
6. How and when specific items of such marital property were acquired;
7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
8. The liquid or nonliquid character of all marital property;
9. The tax consequences to each party;
10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.
"Custodial Parent" (from Virginia Code Ann. Sec. 63.2-1900): the natural of adoptive parent with whom the child resides.
"Guardian ad litem": An attorney appointed to represent the best interests of the children in the pending divorce or custody case.
"Mediation": A process by which the parties, using a neutral third party, can attempt to reach an agreement on the terms of their divorce.
"Child support": Money paid by one parent to the other for the benefit of the children. This is determined by child support guidelines, which can be found here.
"Spousal Support": Money paid by one spouse to the other for the support and maintenance of that spouse during the pendency of and/or after the divorce is finalized. (Read more on spousal support here).
"Arrearages": This term refers to past due monies (typically in the form of child support or spousal support).
"Complaint": The court document that initiates a divorce proceeding.
"Ore Tenus": Oral testimony heard in court for the purposes of supporting the allegations in the Complaint for divorce.
"Depositions": For purposes of a divorce, these are questions asked, under oath, outside of a courtroom, in support of allegations in the Complaint for divorce.
"Legal Custody": Legal custody refers to the major decision making responsibilities. Legal custody can either be joint, meaning both parties have equal say in how to raise the child, or sole, meaning only one parent has a say in how the child is raised.
"Physical Custody": Physical custody refers to who the child actually resides with on a day-to-day basis. This arrangement can be a wide variety or circumstances depending on the case.
"Visitation": This term refers to the time the child spends with the parent with whom he/she does not reside.
"Pendente Lite": During a divorce, the court can award things temporarily, whether it be possession of the home, child support, spousal support, child custody, etc. These things are awarded during the pendency of the divorce and will be revisited at the conclusion of the divorce proceedings.
"Marital Assets": Any and all property or liability owned by the married couple which needs to be divided during the divorce proceedings.
"Final Decree of Divorce": This court filing finalizes the divorce and is signed by the judge at the conclusion of all divorce hearings.
If you are thinking about divorcing or currently going through a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
"Equitable Distribution": The scheme for dividing property during a divorce in Virginia. It includes a list of factors that the judge takes into account and may not result in a 50/50 split of assets and liabilities. Those factors include (from Virginia Code Ann. Sec. 20-107.3) :
1. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
3. The duration of the marriage;
4. The ages and physical and mental condition of the parties;
5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95;
6. How and when specific items of such marital property were acquired;
7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
8. The liquid or nonliquid character of all marital property;
9. The tax consequences to each party;
10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.
"Custodial Parent" (from Virginia Code Ann. Sec. 63.2-1900): the natural of adoptive parent with whom the child resides.
"Guardian ad litem": An attorney appointed to represent the best interests of the children in the pending divorce or custody case.
"Mediation": A process by which the parties, using a neutral third party, can attempt to reach an agreement on the terms of their divorce.
"Child support": Money paid by one parent to the other for the benefit of the children. This is determined by child support guidelines, which can be found here.
"Spousal Support": Money paid by one spouse to the other for the support and maintenance of that spouse during the pendency of and/or after the divorce is finalized. (Read more on spousal support here).
"Arrearages": This term refers to past due monies (typically in the form of child support or spousal support).
"Complaint": The court document that initiates a divorce proceeding.
"Ore Tenus": Oral testimony heard in court for the purposes of supporting the allegations in the Complaint for divorce.
"Depositions": For purposes of a divorce, these are questions asked, under oath, outside of a courtroom, in support of allegations in the Complaint for divorce.
"Legal Custody": Legal custody refers to the major decision making responsibilities. Legal custody can either be joint, meaning both parties have equal say in how to raise the child, or sole, meaning only one parent has a say in how the child is raised.
"Physical Custody": Physical custody refers to who the child actually resides with on a day-to-day basis. This arrangement can be a wide variety or circumstances depending on the case.
"Visitation": This term refers to the time the child spends with the parent with whom he/she does not reside.
"Pendente Lite": During a divorce, the court can award things temporarily, whether it be possession of the home, child support, spousal support, child custody, etc. These things are awarded during the pendency of the divorce and will be revisited at the conclusion of the divorce proceedings.
"Marital Assets": Any and all property or liability owned by the married couple which needs to be divided during the divorce proceedings.
"Final Decree of Divorce": This court filing finalizes the divorce and is signed by the judge at the conclusion of all divorce hearings.
If you are thinking about divorcing or currently going through a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, April 14, 2014
Child Custody: The Basics
Child custody cases (including divorces) are very complex. Because of that, I can't explain all of the details of a child custody case in one article but I can provide you some of the basics.
Custody cases typically begin one of two ways: 1) as part of a divorce or 2) with a petition for custody to be determined. If it is part of a divorce, it can either be heard in the Juvenile and Domestic Relations Court OR the Circuit Court. If it is a petition for custody to be determined, the case will be heard in the Juvenile Domestic Relations Court. The main difference is that if the case is heard in the Juvenile and Domestic Relations Court, your case can then be appealed to the Circuit Court for a new hearing and ruling. See more on appeals here.
If you begin in the Juvenile and Domestic Relations Court, there will be a preliminary date set at which time both parties, you and your child's other parent, will appear in court to determine the issues and set the case for trial. At this point, the judge may appoint a guardian ad litem ("GAL") as well (see more about the role of the GAL here).
If a guardian ad litem is appointed, the GAL will do an investigation over the coming months between your preliminary date and the trial date. During this time, the GAL will interview both parents and meet with the child. He/she may or may not interview extended family, doctors, teachers, etc. and may do announced or unannounced home visits to each parent's home. The GAL will gain as much information as they deem necessary to determine what they will recommend to the judge as being in the best interests of the child.
At the trial date, the person who filed the petition for custody determination (or in Circuit Court the person who filed for the divorce) will first put on evidence. For the evidence the judges typically consider when making their determination, see here. Next, the other parent will put on evidence in support of his/her position. Finally, the guardian ad litem may put on evidence and make a recommendation to the judge on how he/she should rule. That recommendation is just that, a recommendation. It is not the judge's ruling and the judge is under no obligation to follow the GAL's recommendation. Finally, the judge will make the custody determination and issue an order spelling out the terms of the custody.
At that point, as noted above, you may be able to appeal your custody case to the next highest court. While these are the basics to a custody case, the details can be very complex. Typically, the sooner you retain an attorney in the process, the better off you will be.
If you are going through a custody or divorce case and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Custody cases typically begin one of two ways: 1) as part of a divorce or 2) with a petition for custody to be determined. If it is part of a divorce, it can either be heard in the Juvenile and Domestic Relations Court OR the Circuit Court. If it is a petition for custody to be determined, the case will be heard in the Juvenile Domestic Relations Court. The main difference is that if the case is heard in the Juvenile and Domestic Relations Court, your case can then be appealed to the Circuit Court for a new hearing and ruling. See more on appeals here.
If you begin in the Juvenile and Domestic Relations Court, there will be a preliminary date set at which time both parties, you and your child's other parent, will appear in court to determine the issues and set the case for trial. At this point, the judge may appoint a guardian ad litem ("GAL") as well (see more about the role of the GAL here).
If a guardian ad litem is appointed, the GAL will do an investigation over the coming months between your preliminary date and the trial date. During this time, the GAL will interview both parents and meet with the child. He/she may or may not interview extended family, doctors, teachers, etc. and may do announced or unannounced home visits to each parent's home. The GAL will gain as much information as they deem necessary to determine what they will recommend to the judge as being in the best interests of the child.
At the trial date, the person who filed the petition for custody determination (or in Circuit Court the person who filed for the divorce) will first put on evidence. For the evidence the judges typically consider when making their determination, see here. Next, the other parent will put on evidence in support of his/her position. Finally, the guardian ad litem may put on evidence and make a recommendation to the judge on how he/she should rule. That recommendation is just that, a recommendation. It is not the judge's ruling and the judge is under no obligation to follow the GAL's recommendation. Finally, the judge will make the custody determination and issue an order spelling out the terms of the custody.
At that point, as noted above, you may be able to appeal your custody case to the next highest court. While these are the basics to a custody case, the details can be very complex. Typically, the sooner you retain an attorney in the process, the better off you will be.
If you are going through a custody or divorce case and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, March 31, 2014
Why you should avoid social media during a divorce
Everyone is on social media these days, whether it's Facebook, Twitter, Instagram or another website. It's a quick and easy way to express ourselves, gain support from family, friends and acquaintances and show our support for those people as well. During a divorce or custody case, however, you may want to keep those things limited to more private settings and here's why:
1. You never know who can really see what you're posting.
Let's say you are recently separated and went out last weekend for a fun, crazy, girls weekend. You had a great time and want to share those hilarious pictures with your circle of friends. But do you want your spouse to see those pictures? His attorney? The Judge handling your divorce case? Probably not. The most innocent pictures and posts can be taken completely out of context and used against you during your case. Even if you've blocked your spouse, maybe you forgot to block his best friend. May his best friend saw the pictures, saved them and emailed them to your spouse. Or maybe you're still Facebook friends with his sister because you still get along great and she saw those pictures and held onto them herself. The point is, when you post something on Facebook, Twitter or Instagram, your audience may be larger than intended.
2. You cannot control who posts things about you.
You can only limit posts about you. Back to the previous scenario, let's say it's your best friend who wants to post those pictures. If you are not on the social media sites, at the very least, your friend cannot tag you in those pictures and advertise that you are in them. However, if you are going through a divorce or custody case, you should talk with your friends and family and make sure they understand that you do not want anything involving you to be put on social media. Most people will understand where you are coming from. If not, talk with your attorney about how to limit any unwanted exposure on social media.
3. The support you get from your social media group may actually hurt you.
You're in the middle of trying to settle a custody dispute with your soon to be ex-spouse and you're frustrated. So you turn to Facebook to express that frustration. Next thing you know you have a full list of friends providing advice on how to handle those negotiations: "tell him you're the mom so you should obviously have the children", "bring out the fact that he had a speeding ticket 10 years ago and you'll definitely win", etc. While these are most likely friends and family members that intend on supporting you during this tough time, this support can actually hurt you. Your custody case and any negotiations taking place are specific to your case. What worked for your best friend's cousin, may not be applicable in your case. Leave these discussions for you and your attorney. If you need to vent to someone, talk with your attorney about an appropriate person to vent to and how to keep yourself focused on your case.
The bottom line is that social media can hurt you in unexpected ways when you are going through a sensitive case. Always be careful what you put on the internet, you never know where it'll end up. Turn to close friends and family for support in ways other than social media. And always keep your attorney involved and up-to-date on anything that is posted on the internet.
If you are going through a divorce or custody case and would like more information or a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
1. You never know who can really see what you're posting.
Let's say you are recently separated and went out last weekend for a fun, crazy, girls weekend. You had a great time and want to share those hilarious pictures with your circle of friends. But do you want your spouse to see those pictures? His attorney? The Judge handling your divorce case? Probably not. The most innocent pictures and posts can be taken completely out of context and used against you during your case. Even if you've blocked your spouse, maybe you forgot to block his best friend. May his best friend saw the pictures, saved them and emailed them to your spouse. Or maybe you're still Facebook friends with his sister because you still get along great and she saw those pictures and held onto them herself. The point is, when you post something on Facebook, Twitter or Instagram, your audience may be larger than intended.
2. You cannot control who posts things about you.
You can only limit posts about you. Back to the previous scenario, let's say it's your best friend who wants to post those pictures. If you are not on the social media sites, at the very least, your friend cannot tag you in those pictures and advertise that you are in them. However, if you are going through a divorce or custody case, you should talk with your friends and family and make sure they understand that you do not want anything involving you to be put on social media. Most people will understand where you are coming from. If not, talk with your attorney about how to limit any unwanted exposure on social media.
3. The support you get from your social media group may actually hurt you.
You're in the middle of trying to settle a custody dispute with your soon to be ex-spouse and you're frustrated. So you turn to Facebook to express that frustration. Next thing you know you have a full list of friends providing advice on how to handle those negotiations: "tell him you're the mom so you should obviously have the children", "bring out the fact that he had a speeding ticket 10 years ago and you'll definitely win", etc. While these are most likely friends and family members that intend on supporting you during this tough time, this support can actually hurt you. Your custody case and any negotiations taking place are specific to your case. What worked for your best friend's cousin, may not be applicable in your case. Leave these discussions for you and your attorney. If you need to vent to someone, talk with your attorney about an appropriate person to vent to and how to keep yourself focused on your case.
The bottom line is that social media can hurt you in unexpected ways when you are going through a sensitive case. Always be careful what you put on the internet, you never know where it'll end up. Turn to close friends and family for support in ways other than social media. And always keep your attorney involved and up-to-date on anything that is posted on the internet.
If you are going through a divorce or custody case and would like more information or a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Tuesday, March 4, 2014
How can you enforce a Property Settlement Agreement, Final Decree of Divorce or custody arrangment?
A property settlement agreement or a final decree of divorce setting out each party's future obligations (dividing assets, paying spousal or child support, custody and visitation, etc.) are great...until someone doesn't do what they are supposed to. So what do you do when your ex-spouse is not paying you support or won't sign the title to transfer ownership of a home or vehicle?
The most common avenue for enforcing these arrangements is through a "Show Cause". A Show Cause is filed by the party who feels the other party is not abiding by the terms of the court order. It requires the offending party to appear in court and show cause, or some reason, why they are not abiding by the court order.
You will be obligated to prove that the offending party is not actually abiding by the court order. There are different ways to go about proving a violation of the court order, but all evidence is subject to the state's evidence rules. There are also some reasons for violating an order that a court will excuse the offending party from punishment (i.e., I was in the hospital and unable to write the check until I got out so the payment came a few days late). Those legitimate reasons vary depending on the court, the judge, the circumstances, etc.
Because of the complex and subjective nature of these proceedings, you should seriously consider retaining an attorney to represent you in the proceedings. The consequences of a show cause could include a fine, jailtime, payment of the other party's attorneys fees, etc.
If you would like more information or a consultation on a show cause proceeding, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
The most common avenue for enforcing these arrangements is through a "Show Cause". A Show Cause is filed by the party who feels the other party is not abiding by the terms of the court order. It requires the offending party to appear in court and show cause, or some reason, why they are not abiding by the court order.
You will be obligated to prove that the offending party is not actually abiding by the court order. There are different ways to go about proving a violation of the court order, but all evidence is subject to the state's evidence rules. There are also some reasons for violating an order that a court will excuse the offending party from punishment (i.e., I was in the hospital and unable to write the check until I got out so the payment came a few days late). Those legitimate reasons vary depending on the court, the judge, the circumstances, etc.
Because of the complex and subjective nature of these proceedings, you should seriously consider retaining an attorney to represent you in the proceedings. The consequences of a show cause could include a fine, jailtime, payment of the other party's attorneys fees, etc.
If you would like more information or a consultation on a show cause proceeding, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Monday, February 24, 2014
In some cases, you can change your current custody and visitation arrangement
Whether your current custody and visitation arrangement is by court order or by agreement or both, if you are unhappy with the current arrangement, you may be able to change it through a Motion to Amend.
There are two distinct parts of a Motion to Amend. First, you have to show the court, through evidence, that there has been a change in circumstances since the last court order or agreement. This can be a variety of things: deteriorated health of one party, moving a significant distance, the child's age and schooling requirements, etc. This is very fact based and the more change you can show a judge, the more likely the judge will find that there has been a material change in circumstances.
Assuming the court finds a material change in circumstances, the court then must determine a new custody/visitation arrangement that is in the best interests of the child(ren). For a refresher on what "best interests of the child" means, take a look at our previous post on custody here.
Because these cases are extremely fact based, it would be wise to retain an attorney who is familiar with the rules of evidence to represent you and present the strongest case possible. If you would like more information or a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com
There are two distinct parts of a Motion to Amend. First, you have to show the court, through evidence, that there has been a change in circumstances since the last court order or agreement. This can be a variety of things: deteriorated health of one party, moving a significant distance, the child's age and schooling requirements, etc. This is very fact based and the more change you can show a judge, the more likely the judge will find that there has been a material change in circumstances.
Assuming the court finds a material change in circumstances, the court then must determine a new custody/visitation arrangement that is in the best interests of the child(ren). For a refresher on what "best interests of the child" means, take a look at our previous post on custody here.
Because these cases are extremely fact based, it would be wise to retain an attorney who is familiar with the rules of evidence to represent you and present the strongest case possible. If you would like more information or a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com
Wednesday, February 19, 2014
Why you may want to consider a divorce or custody settlement
Divorce and custody cases can be very emotionally, mentally and physically draining period of time. Because of all of the emotions surrounding the division of your marriage or the amount of time you will have with your children, your first instinct is probably to fight hard and "win".
It may be beneficial to take a step back and lose the words "win", "battle", "fight" and think more in terms of solutions. How can you get through this time and come out with a more peaceful solution for everyone involved. And by everyone, I mean, specifically, your children. While you are caught up in beating your ex-spouse, you may be losing sight of what's really important: the children you are "fighting" over.
Think about how you and your ex-spouse could work together to come up with an amicable, peaceful resolution. It will likely benefit your children to see that their parents can still work together. Your children may not feel the need to "take sides" if they don't see the constant fighting over them. You and your ex-spouse are probably less likely to continue "fighting" over the children in the years to come if you came to an agreement together. You will lose a fair amount of the stress that comes along with allowing a third party stranger (i.e. a judge) decide how much time the children should spend with you and your ex-spouse.
Remember, you can be creative. This is YOUR agreement. You and your ex-spouse know your situation better than anyone. You know how the logistics of any arrangement are going to play out. You know your children better than anyone and you know what types of arrangements are going to work for them.
Everyone's case is different and because of that, it would be wise to consult with an attorney who can listen to all of the facts of your case and your circumstances and provide advice on the best way to proceed in you custody or divorce case. Settlements are not always the best for each individual case and you should certainly not settle a case if you do not believe it is your best interest or your children's best interests.
If you would like more information or a consultation on a divorce of custody case, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
It may be beneficial to take a step back and lose the words "win", "battle", "fight" and think more in terms of solutions. How can you get through this time and come out with a more peaceful solution for everyone involved. And by everyone, I mean, specifically, your children. While you are caught up in beating your ex-spouse, you may be losing sight of what's really important: the children you are "fighting" over.
Think about how you and your ex-spouse could work together to come up with an amicable, peaceful resolution. It will likely benefit your children to see that their parents can still work together. Your children may not feel the need to "take sides" if they don't see the constant fighting over them. You and your ex-spouse are probably less likely to continue "fighting" over the children in the years to come if you came to an agreement together. You will lose a fair amount of the stress that comes along with allowing a third party stranger (i.e. a judge) decide how much time the children should spend with you and your ex-spouse.
Remember, you can be creative. This is YOUR agreement. You and your ex-spouse know your situation better than anyone. You know how the logistics of any arrangement are going to play out. You know your children better than anyone and you know what types of arrangements are going to work for them.
Everyone's case is different and because of that, it would be wise to consult with an attorney who can listen to all of the facts of your case and your circumstances and provide advice on the best way to proceed in you custody or divorce case. Settlements are not always the best for each individual case and you should certainly not settle a case if you do not believe it is your best interest or your children's best interests.
If you would like more information or a consultation on a divorce of custody case, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
Thursday, January 10, 2013
Determining custody in Virginia
In Virginia, we have a standard called the best interests of the children for determining custody. This means when a court has custody before it, whether it's through a divorce proceeding or otherwise, the Court must look at what the best interests of the children are before they determine the custody and visitation arrangements.
Now the question is, what does "best interests of the child" mean?
Virginia has a statute setting out what factors should be considered in determining the best interests of the children. The Courts MUST consider all of the following factors: age and physical and mental condition of each child, age and physical and mental condition of each parent, the relationship between the child and the parent, the needs of the child, the role that each parent has played and will play in the upbringing of the child, the propensity of each parent to promote the relationship between the child and the other parent, the ability and desire of each parent to maintain a close relationship with the child, the preferences of the child, if reasonable and appropriate, any history of family abuse and any other factor the court deems necessary.
These factors, theoretically, should provide an overall picture of the child's life and environments with both parents. Custody is always a difficult issue; however, I hope this provides some insight into what a judge takes into account when deciding the custody arrangement for your children.
Now the question is, what does "best interests of the child" mean?
Virginia has a statute setting out what factors should be considered in determining the best interests of the children. The Courts MUST consider all of the following factors: age and physical and mental condition of each child, age and physical and mental condition of each parent, the relationship between the child and the parent, the needs of the child, the role that each parent has played and will play in the upbringing of the child, the propensity of each parent to promote the relationship between the child and the other parent, the ability and desire of each parent to maintain a close relationship with the child, the preferences of the child, if reasonable and appropriate, any history of family abuse and any other factor the court deems necessary.
These factors, theoretically, should provide an overall picture of the child's life and environments with both parents. Custody is always a difficult issue; however, I hope this provides some insight into what a judge takes into account when deciding the custody arrangement for your children.
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