Recent Child Custody Posts

Receiving a court-ordered child support amount—or reaching an agreement with your child’s other parent—can be overwhelming. It’s natural to wonder whether that amount will stay the same throughout your child’s life until emancipation. As circumstances change over time, so, too, may your child support obligations. ShounBach shares key insights on how and when these obligations can be modified. How Long Do Child Support Payments Last? Child support payments, whether determined by court order or mutual agreement, remain legally binding until formally modified by the court. Important: Never rely on informal agreements—such as verbal “handshake…

Mental health challenges such as anxiety, depression, and substance abuse are playing an increasingly significant role in family law cases. Courts now closely examine these factors when determining child custody and visitation arrangements, ensuring that decisions prioritize the child’s well-being and safety. Mental Health and Parenting Ability A parent’s mental health condition alone does not make them unfit; however, judges must assess its impact on parenting capabilities. Custody decisions are based on the specific circumstances of each case, considering both challenges and positive factors. The Effects of Anxiety and Depression Anxiety…

In some situations, parents may need to address financial support for their child before a formal child support order is issued. This type of support, known as retroactive child support, ensures that the custodial parent receives compensation for past expenses related to the child’s upbringing. Understanding how retroactive child support works in Virginia can help parents manage their responsibilities and plan accordingly. What Is Retroactive Child Support? Retroactive child support refers to payments covering a period before the court officially establishes a child support order. In Virginia, courts may grant retroactive child support if …

As a newly divorced parent, you may juggle your children’s school schedules while planning a much-needed vacation. A cruise sounds delightful, or perhaps a relaxing week at the beach is just what you need. However, before finalizing your plans, you must ensure you can legally include your children based on the custody arrangements and travel in Virginia. Child custody agreements often contain provisions that directly impact travel and relocation. To avoid any complications, you must review the terms of your custody agreement to confirm that your plans comply with its requirements. If the agreement leaves you uncertain or doesn’t address yo…

Navigating a separation or divorce is especially challenging when children are involved. Supporting your kids through this transition is likely your top priority, and if you believe they would thrive under your care, pursuing child custody becomes a critical step. The success of a child custody case in Virginia often hinges on the evidence you present. Courts prioritize the best interests of the child, so it’s essential to demonstrate that your proposed custody arrangement aligns with those interests. Below are key types of evidence that can strengthen your custody claim. Communication Records Maintaining consistent communication with your…

If you have a child out of wedlock, your custody rights might depend on which parent you are. You need parental rights to build a relationship with your child. Fighting for custody in a divorce is difficult enough, but custody disputes can also occur among unmarried parents. You may be able to work out a custody arrangement with the other parent. If not, you must get a court order establishing custody of the child. The process can be even more complicated if you are not on the child’s birth certificate. You might need to establish proof of paternity through a DNA test before you can seek child custody rights. Are you an unwed parent worrie…

Due to the Governor of Virginia’s stay-at-home order, many are forced to cohabit with a significant other who may be physically, verbally, or emotionally abusive towards them.  Times of personal and financial strain historically exacerbate instances of abuse, and victims of domestic violence are at increased risk now more than ever.  Given the pandemic, Courts have closed for general business purposes and resources have become more difficult to obtain.  However, emergency court proceedings, such as protective order hearings, are still permitted under both the COVID-19 (the novel coronavirus) travel restrictions and declaration of a judicia…

This is one of the most commonly litigated issues that often arises after a custody determination. Whether it is to accept a new job offer, avoid the expensive cost of living in Northern Virginia, move closer to family members who live outside the area, or even to start a new life, it is not uncommon for a parent to seek to relocate after a divorce or after being awarded custody. Whatever the reason, when the parent’s move is to a location that is not in close proximity to the other parent, the parenting schedules in effect are bound to be impacted. Contingencies in Custody Agreement In some situations, parents account for this contingenc…

“Custody” is a loaded word. It is a word that tends to correlate a child with property that two people fight over for ownership. It is also a word that tends to result in an all-or-nothing mentality, often times leaving a negative outlook for the parent who “lost” the custody battle. This type of thinking is a recipe for conflict when it comes to co-parenting after divorce. Some states in the U.S. have opted to remove the word “custody” from the wording in their statutes. Taking its place have been words such as “decision-making” and “parenting time”–words that more directly identify each parent’s role and responsibilities in the child’s…