The word custody has been replaced by the legislature with the new concept of allocation of parental responsibilities. It’s probably a better description of the process that we actually undergo. We determine how the important significant decisions for kids are going to be made. The word visitation has been replaced in the statute with the […]
Child Custody
How does timesharing or visitation work when a military member is deployed?
If a military member is deployed, is a family member – a parent or a sibling, for instance – allowed to exercise their timesharing with the child during that deployment?
How is child custody decided in Virginia?
Do fathers and mothers have an equal chance of getting custody?
Is there a difference between joint legal and physical child custody in Virginia?
Yes. Joint legal custody in Virginia refers to the decision-making for the child. Parties here either have joint legal custody or one party has sole custody. With joint legal custody, parties are to share major decision-making regarding the child’s health, education, and welfare. Now they can agree to a lot more structure than that, but […]
If the father moves to a different state or country for a job, can he apply to have custody changed so he can take the kids?
If a parent is going to move out of the state or out of the country, surely he or she can make application for the custody and move the children. Now the question is, what’s the pushback? Is mother in favor of this? The judge is going to go into an overall analysis of what […]
Is mediation or litigation the best way resolve child custody disputes involving third parties?
Considering how intense these family relationships are and how suing your child or other family members can have serious detrimental consequences to that relationship continuing, I would recommend any type of mediation first before trial, and litigation is an absolute last resort. Laura Schantz, a Beaverton divorce and family lawyer and mediator has helped clients […]
If neither biological parent can afford to pay child support, can a third party who obtained custody sue the grandparents?
Absolutely not. It’s not the grandparent’s responsibility; it’s the parent’s responsibility. If they can’t afford to pay child support, they’re still going to have some minimum order of child support, and that will continue to accrue even if they don’t pay it. Someday, potentially, the third party would be able to collect that money if […]
If a father is not the child’s biological parent, could that impact his ability to get custody of this child?
It really depends on what the father wants. The short answer is no, because ultimately if that father loves that child, even if it’s not his biological child, that’s not going to impact whether or not he can get full custody or even exercise his parenting rights. The courts really don’t care who the biological […]
In a situation where a teenager has moved in with their best friend, can the parent in that household ask for child support?
If they haven’t gotten a court order, they could petition for legal custody and legally obtain child support, but unless they have that legal custody right, they are not going to receive child support. However, just as they are hanging out with a best friend by agreement, oftentimes the parent will voluntarily supply some cash […]
At what age can a child choose to live with a third party rather than one of his or her parents?
Age 18, when the child is an adult; however, in practical terms, we’ve probably all known of teenagers who were living at their best friend’s house because they don’t get along with their parents or were living with an aunt, uncle, or other older sibling. It’s not necessarily legal, but their parent is allowing it […]
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