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Guide to Virginia Child Visitation Laws

bill@friscowebsites.com (Bill Sholar) — Wed, 29 May 2019 17:39:23 GMT

Guide to Virginia Child Visitation Laws

Jul 19, 2018 | Custody, Divorce, Latest

When parents split up, one of the issues they must decide is visitation with their children.

Although these decisions are sometimes made by the parents, they are generally enforced, and often mandated, through Virginia child custody laws.

Virginia child custody laws and visitation are found in Chapter 6.1, Title 20 of the Code of Virginia . To break it down, here is a helpful overview in our Guide to Virginia Child Visitation Laws.

Joint Custody vs. Sole Custody

In joint custody, both parents retain responsibility for the care and control of their child. In sole custody, one person retains this responsibility and has primary authority to make decisions concerning the child.

Court-Ordered Custody and Visitation

As a guide to Virginia child custody and visitation laws , in the case of a minor child, the court may determine custody and visitation arrangements, taking into account as its primary consideration the best interest of the child. It will use procedures considering practical and just arrangements to ensure frequent and continuing contact with both parents, when appropriate, using procedures to preserve the dignity and resources of family members. There is no favoring of either parent for custody arrangements.

A list of determining factors for arranging visitation can be found in the Code of Virginia.

Unmarried Parents Visitation

Even when an unmarried couple splits up, each parent still has visitation rights under Virginia child visitation laws for unmarried couples . Through a court decree, a child custody order will ensure a parent’s rights to make decisions about their child and have their child live with them.

Under Virginia’s child visitation laws, the court takes the best interest of the child into account, although it favors the primary caretaker, who is often the mother. To obtain visitation rights, the father must prove paternity, and can do so through a genetic or DNA test, or through an Acknowledgement of Paternity (AOP) statement.

Terminated Parental Rights and Visitation

Since it is generally in the best interest of the child to be in the care of biological parents, it is difficult to terminate parental rights without serious and just cause.

However, in cases where the child is neglected or in danger, the courts may decide that termination of parental rights is necessary. Once a child is removed from a parent’s physical custody, that child is placed into either temporary or permanent care through the state, in the form of a group home, institutional setting, or with a relative or non-relative.

Open Adoption Visitation

Just because a parent’s visitation rights have been terminated, does not always mean a cessation of contact with the child. If adopted, the adoptive parents may allow the biological parent(s) to see the child, or remain in contact through some form of open adoption. Usually the visitation agreement in such case is made between the adoptive and biological parents and not by the courts.

Subsidized Guardianship Program

A subsidized guardianship program can also allow a parent with terminated visitation rights to see their child. Through this program, the child is placed with a guardian or other relative until they reach legal age, with parental visitation rights under Virginia child visitation laws.

Reinstatement of Parental Rights

A third way to acquire visitation is through reinstatement of parental rights. If a parent can show the courts that they have the ability to care for their child, he or she can petition the court originally termination the parental rights to reinstate them. The court will make the final decision after reviewing the case. Under Federal law, parents have up to 15 months to prove their capability.

Contact Pond Law Group

We hope this guide to Virginia child visitation laws has been helpful.

For questions about Virginia child visitation laws, contact your family law attorney, like Pond Law Group . We can help answer your questions, work out visitation rights, or file an appeal to reinstate terminated parental visitation rights.

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What are the Rules Governing Visitation after the Termination of Parental Rights?

bill@friscowebsites.com (Bill Sholar) — Wed, 29 May 2019 17:39:21 GMT

What are the Rules Governing Visitation after the Termination of Parental Rights?

Jun 4, 2018 | Custody, Divorce, Family Law, Latest

In a perfect world, families would happily live together in harmony.

Unfortunately, we don’t live in a perfect world, and problems within families happen. Often, families can work out their difficulties themselves, other times, court systems need to step in and take charge.

Most courts look at the well-being of the children or child when determining the outcome of a family law case. Especially if their determination includes the terminating a parent’s rights. To some parents, this may seem like the end of their relationship with their child or children, but it doesn’t need to be. There can be visitation after termination of parental rights, determined in a case-by-case and state-by-state basis.

Parental rights are very rarely taken away. It generally only occurs in cases where a child is abused or severely neglected. Parents can also request to voluntarily give up their parental rights. In either case, the best interest of the child or children is at the heart of the case.

Parents have a legal responsibility and obligation to care for their child.

This includes physical custody, providing food, shelter and medical care, and protecting the child from harm. A child who is removed from its parents’ physical custody is placed either temporarily or permanently into the state’s care, and placed into a group home, an institutional setting, or with a relative or non-relative.

Visitation after Termination of Parental Rights

Termination of parental rights is essentially the legal cessation of that parent-child relationship. This means that the parents no longer have rights regarding their child and that child is free to be adopted. Most states do not allow visitation after parental rights have been terminated, but this ruling may vary from jurisdiction to jurisdiction. However, if the child is adopted, the adoptive parents and the biological parents may enter into an open adoption agreement (not enforceable by law) where visits are allowed. The adoptive parents can end that agreement if they feel it is in the best interest of the child.

Some states offer a subsidized guardianship program that allows a child to be placed with a guardian or other relative until they are of legal age, with parental rights of visitation. Check with a local family law attorney to find out more.

Reinstatement of Parental Rights

In most states, once a parent’s rights have been terminated, it is difficult to have them reinstated – but not impossible.

If a parent can show an above-average improvement in their ability to care for their child, the parent or parents may petition the court that originally terminated the parental rights to reinstate their parental rights. That court will then decide whether the parent shows evidence that he or she can effectively care for their child. Federal law dictates that parents typically have just 15 months to prove their capability, which can be difficult when dealing with addictive disorders.

Originally, the reinstatement procedures were allowed to enable children who were older and aging out of foster care, to re-establish relationships with their parent(s). However, allowances vary from state to state, usually under the condition that a child has not been placed permanently into a foster home.

Contact a Family Law Attorney

If your parental rights were terminated, can they be reinstated? It is a possibility.

Speak to a family law attorney to learn more about restoring parental rights and the circumstances and rules governing the visitation after the termination of parental rights in Virginia, or in your state.

Contact Pond Law Group . Our legal team specializes in family law and is here to help you, whatever your need.

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What Are My Rights in a Divorce?

bill@friscowebsites.com (Bill Sholar) — Wed, 29 May 2019 17:39:19 GMT

WHAT ARE MY RIGHTS IN DIVORCE?

With divorce comes many changes outside just the family unit.

There are all the legal factor to consider as well. If you’re asking yourself, “what are my rights in a divorce?” then this guide is for you .

Your rights in divorce may vary depending on your circumstances and your role (e.g. father, mother, child, etc.). The bottom line is that all parties have rights in divorce, and we’re here to take you through all of them.

It’s important to know your rights when navigating the strenuous waters of divorce proceedings. Don’t just ask yourself “what are my rights in a divorce?” Learn more about different rights and factors parties experience during divorce by checking out our guide below!

Part 1:

A Father’s Rights in Divorce and Child Custody

Everyone has rights in divorce proceedings.

Father’s navigating these strenuous situations need to know their options and what they are able to proceed both during and after a divorce.

Father can end up with the short end of the stick in divorce and child custody because they make assumptions about their rights or don’t realize that they have more rights then they might think.

Know your rights as a father in divorce and child custody to help you understand and navigate this difficult process.

Part 2:

A Mother’s Rights in Divorce

Divorce is seldom an easy process.

A mother’s rights in divorce are important to understand, especially when it comes to matters of child custody and visitation.

It may seem like mothers have the assumed advantage when it comes to acquiring preferential custody arrangements, but they do in fact have equal rights with fathers when it comes to divorce settlements.

Factoring in the circumstances and the child’s best interest are important when it comes to determining the outcome of a divorce. Click to learn from Pond Law about a mother’s rights in divorce .

Part 3:

Children’s Rights in Divorce

In a divorce, a child’s well being and best interest should always be at the forefront.

Children’s rights in divorce are no less important or legally binding just because of their youth and status as a legal minor. No matter how young, children too have rights when it comes to divorce, custody placement, and visitation.

Each situation comes with its own variables that will contribute to the outcome of the finalized divorce, but a child’s right is prime among these.

Don’t underestimate the significance of a child’s rights in divorce . Click below to read more.

Part 4:

What is Divorce Arbitration?

Divorce arbitration isn’t as confusing as it sounds.

Simply put, divorce arbitration is when a third party is involved similar to a mediator to help the divorcing parties come to final decisions and compromises on the terms of the divorce, child custody, and all relating factors.

However, there is more to divorce arbitration than just third-party mediation and to help with communication and effective decision making. Check out this article to learn more about divorce arbitration, what it is, and how it differs from mediation and litigation.

Part 5:

What is the Legitimation of a Child?

The legitimation of a child is crucial for unmarried fathers who wish to have rights and a presence in their child’s life.

If a couple is going through a separation but was never married, fathers can undergo the process of legitimizing their child to ensure that they have parental rights moving forward. There are a couple of ways to legitimize a child and different circumstances where this process may be necessary.

This process can be confusing, we know. If you are an unmarried father or for some reason have children that are not technical yours by the letter of the law, click to learn more about what the legitimation of a child is.

Part 6:

Grounds to Terminate Parental Rights

Parental rights can be terminated or limited for many reasons.

In circumstances surrounding divorce and child custody as well as foster care or adoption, there are many grounds to terminate parental rights.

Parental rights can be voluntarily or involuntarily terminated by the courts. Consideration of the situation and each parent or guardian involved is important but ultimately it is the child’s well being, both physically, mentally, and emotionally, that is the most important.

Terminating parental rights can be tough and emotional, but sometimes necessary . Click below to learn more about the grounds to terminate parental rights

Part 1

Fathers Rights in Divorce and Child Custody

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My Parental Rights Were Terminated: Can They Be Reinstated?

bill@friscowebsites.com (Bill Sholar) — Wed, 29 May 2019 17:39:18 GMT

What are the Rules Governing Visitation after the Termination of Parental Rights?

Mar 28, 2018 | Custody, Family Law, Latest

Wondering if parental rights are terminated, can they be reinstated?

Once parental rights have been terminated by the courts, it can be hard to get them back, but it’s not impossible.

Parental rights can be terminated either voluntarily or involuntarily for a variety of reasons. Depending on the circumstances of your case and the legislation in your state, there may be a possibility to reinstate parental rights, though this is not a common or easy process to achieve.

Learn more about the criteria in different states and reasons parental rights might be able to be reinstated after they were previously terminated.

Can Parental Rights be Reinstated?

Yes, it is possible to reinstate parental rights, though not in all cases or states.

Each state has its own child custody specifications and only a handful have existing legislation and precedent for the restoration of parental rights after the previous termination,

There are specific requirements that must be met for a court to consider the motion to restore parental rights in the state of Virginia.

Requirements for Restoring Parental Rights in Virginia

There are some circumstances in the state of Virginia where parental rights can be reinstated after they have been terminated.

A parent whose rights have been terminated by the court cannot request themselves to have them restored. For children over the age of fourteen who have not been adopted and are still under the custody of social services, either social service or the child’s current guardian can file to attempt to restore parental rights to their biological or previous parents.

Some requirements from the Code of Virginia Law regarding the restoration of parental rights :

Both the parent and child (age 14+) need to consent to the restoration of parental rights

The child has not found permanent placement and has yet to be adopted, or it is not likely for them to successfully find permanent custody in a timely fashion

The child has previously been proved to be neglected or abused, is a delinquent, or needs further supervision

The parental rights have been terminated a minimum of two years previously before the motion was filed to have these rights reinstated (though a court can accept petitions prior to this two-year period if the child is close to turning eighteen).

For children younger than fourteen, local social services in conjunction with a child’s current legal guardian (if they have one) can petition the courts for the restoration of a parent’s parental rights.

How Are Parental Rights Reinstated in Virginia?

In Virginia, courts must have a hearing to come to a verdict on a petition to restore parental rights.

This first hearing will require the parent in question to demonstrate and prove with clear evidence that they are capable of caring for their child. If the court deems the evidence substantial and in the best interest of the child, they can grant the petition and restore your parental rights on a temporary basis.

It is often the case that local social services will be involved to supervise and evaluate your ability to provide for and care for your child after your rights have been reinstated.

After this first hearing, parental rights are not fully reinstated. There is a second hearing that takes place around six months after the first; at this juncture, the court will determine if your parental rights can be permanently restored.

In this second hearing, the following factors are taken into consideration by the court:

The evaluation of social services in the six month period since the initial hearing
If you have consented to permanently take full custody of your child
If you have remedied the reasons that led to your parental rights being terminated in the first place
The age of their child and their preference of placement

Some other things that court will look at are the child’s health and safety under your custody as well as other material circumstances and changes that may occur with the restoration of your parental rights.

After all these considerations, if the evidence is shown that you are consenting and capable of caring for your child, the court should then grant permanent restoration of your parental rights.

How Are Parental Rights Reinstated in Virginia?

Not all states have clear existing legislation on the reinstatement of parental rights. Guidelines and requirements vary from state to state, as is the case in other areas of family law and child custody.

The following are examples of existing legislation in three other states regarding the reinstatement of parental rights:

California

According to California. Welfare and Institutions Code § 366.26 , if a child is no longer going to be adopted for whatever reason (age, circumstance, etc.), it is possible in California for parental rights to be installed if this is determined within the best interest of the child. For children under the age of twelve, more specific evidence is required for the courts to prove reinstatement is the best option for the child.

Illinois

In existing Illinois Statutes [ 705 Ill. Comp. Stat. 405/2-28 and 705 Ill. Comp. Stat. 405/2-34 ], only the Department of Children and Families or the child themselves can apply to reinstate parental rights in specific circumstances. Such applications can be made in situations where a minor has been a ward of the state for over three years after the previous termination of parental rights and has not been adopted and is not likely to find a successful plan for permanent placement, thus it would be in their best interest to be reinstated with the biological parents given the court finds them to be fit and able guardians.

North Carolina

According to a 2011 North Carolina Law , a minor whose parental rights have been terminated, their current legal guardian, an attorney, or a department of social services can file to have a parent’s rights reinstated. There are many other questions for the courts to consider: is the child older or younger than twelve? do they currently have a legal guardian? Are they not in adoptive placement? Are they likely to be adopted within a reasonable amount of time?

Check out this state guide from the National Conference of Legislatures to learn more about the requirements and legal precedent for the restoration of parental rights in different states.

Final Thoughts

If your parental rights were terminated, can they be reinstated?

Yes, potentially.

Talk to a lawyer who specializes in family law to learn more about circumstances and requirements for restoring parental rights in Virginia or in your state.

Contact Pond Law Group

Our legal team specializes in family law and is here to help you in your time of need.

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Grounds to Terminate Parental Rights

bill@friscowebsites.com (Bill Sholar) — Wed, 29 May 2019 17:39:16 GMT

Grounds to Terminate Parental Rights

Feb 22, 2018 | Family Law, Latest

Grounds to terminate parental rights are a big deal.

Every parent has rights and responsibilities when it comes to their children, and when these are neglected or violated, the situation must not be taken lightly. It’s never an easy situation, but it’s important to be well-informed when taking legal action.

Whether a parent voluntarily signs over their rights or have their rights involuntarily terminated by the court, it’s important to know the different grounds to terminate parental rights.

Voluntary vs. Involuntary Termination

Parents in some situations may volunteer to terminate their own rights, this the term voluntary termination . This is the case for those who willingly decide to give their children up for adoption for a variety of reasons.

Involuntary terminations is just as it sounds: when parental rights are terminated involuntarily by the courts decision. Most of the content of this article is dealing with the involuntary termination of parental rights.

Once parental rights have been signed away and terminated, thus ends any legal parent-child relationship. At this point, the children are “free” from the responsibility of their biological parent(s) and are able to be adopted.

In cases where the termination of parental rights leaves the child with no other parents or legal guardian, the child then becomes a ward of the state and can be placed in foster care or other group homes with the potential for eventual adoption once a petition is filed with the federal Adoption and Safe Families Act (ASFA) .

Common Grounds to Terminate Parental Rights

The following are some of the most common reasons that parental rights can be involuntarily terminated:

1. Sustained abuse or neglect

2. Chronic abuse or neglect of other children or members of the household

3. Extended alcohol or drug abuse by the parents

4. A mental health condition or some disability that prohibits the proper care of minors.

5. Sexual abuse

6. Child abandonment

7. Failure to sustain or make effort to be in contact with the child

8. Participation of the parent in illegal activities or being charged with a felony

9. The involuntary termination of parental rights in regard to a different child

Each state has varying statues on the grounds for involuntary termination parental rights. Learn more about the child welfare laws and different resources in your state .

For parental rights to be involuntarily terminated, the courts are required to provide evidence and decide two things:

1. That the parent is unfit

2. That terminating parental rights is in the best interest of the child.

As is the case with children in foster care, it up to the judge or juvenile courts to decide if a parent’s rights should be involuntarily terminated base on the above basic criteria and other circumstantial evidence proving the parent to be unfit.

Can Parental Rights be Reinstated?

It is not common that parental rights are reinstated once they’re revoked, but of course, there can be circumstantial exceptions.

While all states have provisions in the law for the termination of parental rights, most states do not allow for the reinstatement of these rights. But even in states that allow reinstatement, parents must be able to show an extraordinary improvement in their ability to properly care for a child before a court will grant such a request. -FindLaw.com

There are about nine states today that allow for the possibility of parental rights reinstatement. Learn more from the National Conference of State Legistlatures about the different requirements for reinstatement in each state .

If you are concerned that a child is being abused or if you have knowledge of a situation where parental rights should be investigated, do not hesitate to contact Child Protective Services in your state or local area or contact the National Hotline for Domestic Violence .

As tough as these situations can be, it’s always best to keep the welfare of minors in mind and work towards taking the proper steps to make sure they are cared for, which unfortunately sometimes includes the termination of parental rights.

Have any questions about grounds to terminate parental rights?

Pond Law Group is here to help.

Our team is experienced in family law and are here to provide the best legal counsel and representation that we can in your time of need.

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Children’s Rights in Divorce

bill@friscowebsites.com (Bill Sholar) — Wed, 29 May 2019 17:39:15 GMT

Children’s Rights in Divorce

Jan 5, 2018 | Divorce, Family Law

Kids are more than just dependent minors who you have to feed, educate, and care for.

Children’s rights in divorce and essential to understand and respect when moving forward with any divorce or spousal separation.

It’s not only important to understand the different kinds of child custody , but to know that it’s not just the parents who get a say in all this.

Kids are people too. Small people, yes, but still humans with rights, opinions, and feelings.

Divorce is rarely easy and can put a lot of stress and strain on a family, particularly young children. It’s important to always focus on what is in their best interests and to know their rights before going into divorce proceedings.

Learn more about children’s rights in divorce and never forget to listen to their opinions and respect their rights.

Rights of Children

There is a thing commonly referred to as the “Children’s Bill of Rights” that summarizes children’s rights in divorce.

Here’s a list of the top ten rights children have in a divorce:

1. It is the right of each child to have equal time to spend with each parent , given there are no extenuating circumstances. Both parents are important contributors to the emotional development of a child.

2. Parents should never require their children to pick one parent’s side over another .

3. Kids have a right to hear from both parents the details of child custody plans and how they will be practically carried out. Dedication to supporting and raising the children should be honored by respecting and following custody arrangements.

4. Special needs children , whether they have physical, mental, emotional, or another developmental disorder, have the right to fair and proper consideration regarding a child care and custody plan.

5. Every child has the irrevocable right to be physically safe and responsibly supervised during their time in the care of either one of their parents.

6. Children have the right to be guarded against individuals abusing alcohol or using illegal drugs .

7. Children have the right to NOT be made responsible for figuring out decisions regarding visitation and custody. That responsibility belongs to the parents , and their legal counsel if necessary.

8. It is a child’s right to be loved by each parent , barring any negative feelings of disappointment or guilt.

9. Children have a right to be guarded against any anger a parent feels or expresses towards their former spouse.

10. Children have a right to not be the central line of communication between each parent and should not be relied upon to relay messages .

These are just a few of the top rights children have in divorce and child custody, though there are certainly more. Check out a more extensive “Children’s Bill of Rights” and learn more about how kids fell and perceive the divorce of their parents.

It is crucial that no matter how messy the situation gets, children’s rights in divorce are protected and respected.

There are of course many different situations and factors to consider with children divorce from custody and visitation to child support and physical and emotional care. Consider different questions children have in divorce and learn how to best cater to their needs.

Divorce unavoidably changes a family; it’s important to make the transition as easy and fair on children as possible.

Have any questions about children’s rights in divorce? Contact us at Pond Law Group . Our team specializes in family law and want to help provide counsel and representation to fight for what is best for you and your family.

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What is the Legitimation of a Child?

thecamel2@trilogycap.co (Design Team) — Wed, 29 May 2019 17:39:11 GMT

What is the Legitimation of a Child?

Dec 22, 2017 | Family Law

If the father and mother of a child were never married, the father does not automatically share the same parental rights as the mother does. If the father wishes to remain active in the child’s life, he must go through a legal process called legitimation, in order to be legally recognized as the child’s father. It can be difficult to know what to do in this situation, but Pond Law is here to explain what you need to know about the legitimation of a child.

What Does Legitimation of a Child Mean?

Legitimation is a legal action which grants parental rights to the biological father of a child who is born out of wedlock. It is the only way, besides marrying the mother of the child, for a father to establish a legal relationship with his child.

If a child is born to a married couple, or if the couple marries after the child is born, the child is considered legitimate. In these cases, the law automatically recognizes the husband and wife as having parental rights to the child.

However, if the couple is not married, the father must file a petition for legitimation if he wishes to be involved in his child’s life. Without legitimation, the father cannot obtain custody, exercise visitation rights, or make legal decisions on behalf of the child. The mother holds these rights exclusive of the father unless he pursues legitimation.

Requirements for Child Legitimation

There are two methods to legitimize a child.

The first is entering into an agreement with the child’s mother, which is called an acknowledgment of legitimation. This legal agreement states that both parents freely consent to the legitimation of their child. They usually have until the child’s first birthday to sign this acknowledgement. However, it will not be recognized if the mother was married to another man when the child was born, or during the usual time of gestation.

The second way is by filing a petition for legitimation. The father can take this route if the mother disputes the legitimation and does not agree to the acknowledgement described above. The petition is usually filed in the Superior Court in the county of the mother’s residence. The mother is formally notified and has a right to attend the hearing.

The father should be sure to file for legitimation in a timely manner. If the court finds that no action has been taken within a reasonable amount of time, they could dismiss the father as forfeiting his parental rights. Waiting more than one year after the child’s birth is usually considered an unreasonable delay.

The court will only approve the father’s petition if he is deemed to be a suitable parent, and if it is in the child’s best interest.

Benefits of Legitimizing Your Child

It is important for a father to file for legitimation if he wants to establish a relationship with his child, without marrying the mother. Legitimizing your child offers several benefits which make a relationship possible and protected by law.

Most importantly, the father becomes legally recognized, just the same as if he had been married to the mother. When a father-child relationship is established in the eyes of the law, the father now has shared custody and visitation rights, so he cannot be barred from seeing his child .

Legitimation is important because it protects a father’s relationship with his child. There are cases when, after a DNA test, the biological father is required to pay child support, even without being legally recognized as the father. In this case, the father has no custody or visitation rights, but he is still mandated to support the child financially. For this reason, fathers should legitimate their children. They accept the responsibility of supporting their children, but they will not be barred from custody or visiting.

Legitimation also allows the child to inherit automatically from his father, and vice versa. The court might also determine that it is in the child’s best interest to take the father’s last name, or to add the father’s name to the child’s birth certificate.

Conclusion

Filing for legitimation can be a difficult or frustrating process. If you have any questions, contact Pond Law , or request a consultation . Our qualified team is here to help you.

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A Mother’s Rights in Divorce

thecamel2@trilogycap.co (Design Team) — Wed, 29 May 2019 17:39:10 GMT

A Mother’s Rights in Divorce

Dec 7, 2017 | Latest

Divorce is never easy for anyone.

A mother’s rights in divorce proceeding are important to know when figuring out difficult questions such as child custody and visitation.

Though mothers seem to have an advantage over fathers in winning custody and have statistically been more successful in obtaining custody of their children in a divorce, both parents have equal rights when seeking custody.

Factors such as the child’s best interest, time spent with the child, stable home life, and finances, are just a few of things considered by the courts when making a decision concerning custody.

Mother’s need to know their rights when entering into divorce proceedings so they can know how to best provide for their children moving forward.

Custody Rights

While women generally have an advantage concerning child custody, it is not safe to assume that they will be granted custody in contested cases.

Mothers in a divorce may seek legal custody, physical custody, or sole custody of her children. Sole custody means that she has both legal and physical custody. Parents can also have joint legal or joint physical custody of their children, which is often the parenting plan preferred by couples who are more civil with one enough and go through a more amicable divorce.

Mothers can petition the courts for physical custody, which, if granted, gives her the right to have her children live with her. If awarded legal custody of her children, a mother has the right to all decision making in matters of a child’s upbringing and discipline. If joint or shared custody is granted to both parents, then both the mother and the father have rights and responsibilities in decision making and raising the children.

If there is any matter of domestic abuse or other issues with the father in the proceedings, it would obviously be in the best interest of the child to remain with the mother. Likewise in divorces with such unfortunate circumstances surrounding addiction and other harmful behaviors, a mother has the right to seek sole custody with restricted, or no, paternal visitation.

If there is any question of the paternity of the father petitioning for custody or visitation in a divorce, a mother has the right to petition the courts for a declaration for paternity, since a father’s rights to seek child custody only exist if there is legally established paternity.

Maternal Preference

Women historically have had an advantage in obtaining child custody, but in more recent years this is not as much the case. Mothers cannot automatically assume that they will win a custody battle just based on the fact that they are mothers.

It did use to be the case in the 20th century that courts would interpret custody laws based on something called “The Tender Years Doctrine,” which assumed that young children would indeed be better off with their mothers. Some people may still be inclined to this line of thinking, the thought this doctrine fell out of favor a few decades back and has even been argued to violate the Fourteenth Amendment’s equal protection clause.

It is the case that the amount of time a parent spends with their children and the size of the role they play in parental responsibilities is an important consideration in custody and visitation decisions. Since a stay-at-home mother spends more time caring for and raising the children, a custody decision may be more likely made in her favor.

Best Interest of a Child

As it should be, the best interest of a child is the core of any court decisions surrounding custody, visitation, and so forth.

If the children are fairly young and are heavily attached to their mothers, then it may be in their best interest to continue to live with their mothers. Breastfeeding is another factor to consider when a divorced couple as infant or toddler children; this is a health concern and not necessarily a sign of maternal preference for child custody.

Children around the age of twelve or older are often allowed to have their own input in choosing custody or which parent they would like to live with, either exclusively or in a shared custody arrangement.

Not only is custody placement about the children’s well being, but so are other divorce settlements such as child support and alimony. If a mother is granted physical custody of a child, she has the right to petition for child support to help financially support the child. This is especially important if the woman was not the primary breadwinner or was a stay-at-home mother prior to the divorce. It can be difficult after a divorce for women to re-enter the workforce if they have been out of it for a considerable amount of time.

Both fathers and mothers have equal rights when it comes to seeking custody and visitation for their children in a divorce. However, mothers have lots of rights and responsibilities to consider when seeking custody and moving forward after the terms of the divorce are finalized.

Have any questions about a mother’s rights in a divorce?

Contact us at Pond Law Group for a free consultation or legal representation. Our attorneys specialize in family law and are here to help.

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A Father’s Rights in Divorce and Child Custody

thecamel2@trilogycap.co (Design Team) — Wed, 29 May 2019 17:39:07 GMT

A Father’s Rights in Divorce and Child Custody

Dec 6, 2017 | Divorce, Family Law

Divorced fathers have the right to do more than just pay child support.

Fathers do have rights in divorce and child custody that should not be overlooked. It is a fact that both biological parents have equal rights to seek custody and visitation in a divorce.

Men may be fearful of gender bias in courts when it comes to child custody and visitation settlements, but that shouldn’t prohibit fathers who want shared or primary custody, or even just fair visitation time, to fight for their rights.

Knowing a father’s rights in divorce and child custody are important for anyone going through divorce proceedings, but especially for fathers who don’t want to let their separation from their spouse also separate them from their children.

Establishing Paternity

There must be established paternity in order for a biological father to have legal rights to his children, especially if the couple was unmarried when the child was born.

Paternity is not something that is determined only by the information listed on a birth certificate or the results of genetic testing; it can be determined in several ways. As is the case with divorcing parties, voluntarily assumed paternity can be recognized as legitimate by the court.

Voluntarily assumed paternity means that the father of a child is apparent due to the facts surrounding the birth. Was the child born in wedlock? If not, did the parents marry afterward? Did the father sign a legitimation form? Did a father legally adopted a child and have his name put on the birth certificate?

Once there is an established paternity, a father then has the legal rights to seek child visitation or custody rights. Paternity can also provide a father the legal right to be involved in decisions concerning the child and give the child financial support and the right to inherit.

Paternity laws can change and vary state to state, so be informed and know how to file for paternity in your state if needed to fight for visitation and custody in a divorce.

Child Custody

If divorcing parties cannot come to an agreement among themselves or with legal counsel concerning custody of their children, one or both parties can petition the court for help determining visitation and custody.

Fathers may assume that the mother has more legal rights to a child’s custody, but that is not the case. Courts make their decisions based on what they think will be best for the child and should not arbitrarily favor mothers over fathers.

This being said, one of the most important factors in determining custody is the level of parental involvement and the amount of time each parent spends with their children prior to the divorce. Unless the mother is determined unsafe or unfit, it is rare that a father will win sole custody of his children.

After a divorce is finalized, parents can petition the courts to modify custody or visitation arrangements. In some instances, usually in amicable divorces with shared custody, the courts may allow parents to change these arrangements among themselves. However, custody arrangement cannot be enforced legally unless they are made by a court order.

Child Visitation

A father has the same rights to child visitation as the mother and should fight for his desired time with them in divorce proceedings.

It is usually assumed by the courts in making visitation decisions that the involvement of both parents will benefit the child unless there is evidence to the contrary, in which case visitation of one of the parties can be limited or denied altogether.

It is often the case, if the mother has primary custody of the children, that the father will let her determine and limit visitation on children with their father. Fathers have the equal right to fight for specific visitation and for a schedule determined by the courts and not by just the preference of the mother.

Divorce can be difficult for all involved, but always remember that all parties, spouses, attorneys, and courts, should keep the children’s best interest at heart when determining fair custody and visitation.

The website DadsDivorce provides many helpful resources to help fathers understand their rights in a divorce concerning child custody and visitation.

For more information about a father’s rights in divorce and child custody, contact Pond Law and request a consultation. Our legal team specializes in family law and are here to help.

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What Is Divorce Arbitration?

bill@friscowebsites.com (Bill Sholar) — Wed, 29 May 2019 17:39:06 GMT

What Is Divorce Arbitration?

Sep 19, 2017 | Latest

Understanding Divorce Arbitration

When standing on the threshold of a divorce, one daunting prospect is figuring out the legalities of moving forward and figuring out how to come to decisions effectively amid personal stress and struggles.

One process of navigating these waters is divorce arbitration, which is defined by CustodyZen as an “alternative dispute resolution process in family law that involves a third-party listening to both sides of a divorce-related dispute, then making a binding decision that the parties will have to abide to.”

Arbitration is used in many areas of law and has seen increased use in family law among divorce lawyers as an alternative to the a traditional courtroom format. In divorce arbitration, the third party, known as the arbitrator, is selected and agreed upon by the couple, sometimes with help or advice from their attorneys. Both parties must also agree to the rules of the arbitration before negotiations begin.

This method is effective especially when disagreeing spouses are at an impasse which stalls the finalization of the divorce. Each party can present their case and supporting evidence to the arbitrator so they are fully informed of the needs and interests of both sides when formulating their decision on the disputed subject(s).

Divorce arbitration can deal with the same issues as other divorce methods such as custody, child support, parental visitation, etc.

Differences Between Arbitration, Mediation, and Litigation

On the spectrum of divorce methods, arbitration is, for lack of a better phrase, the “happy medium” between a formal court litigation and an informal mediation.

Perhaps the most informal of all the methods involving a third party is that of divorce mediation, which is exactly what you would think it would be: a divorce where the spouses negotiate terms with one another via the help of a mediator.

Unlike arbitration where the third-party arbitrator ultimately make the final decision, divorce mediation aims to aid the couple in reaching an agreement themselves without the need for court. However, such amicable agreements between divorcing parties are not always possible in some circumstances, thus the applicability of arbitration and eventually litigation if the conflict is escalated enough.

Mediation is only effective if both spouses are able to communicate and interact peaceable enough to come to an agreement or compromise.

Litigation is the most formal of these three methods, involving courtrooms, judges, and lots of time and legal fees. Similarly to verdicts from a judge during litigation, decision of an arbitrator in resolving disputed issues are final and legally binding.

Decisions made in litigation divorce courts can be appealed to a judge which contrasts with the decisions made by arbitrators, which are as legally binding but cannot be appealed. This is due in part to the fact that both parties had to agree when choosing the arbitrator and also agree on the rules of the proceedings.

Benefits of Divorce Arbitration

Arbitration is private, convenient, and final; it is a secure and efficient way to navigate the divorce process without having to go to court. Since arbitration is more informal than litigations, it often less stressful and more conducive to open conversation and quicker conflict resolution.

This process is not only more cost effective without the added expenses of a trial and other legal fees but also potentially less emotionally distressing on the family, especially when children are involved.

There are several other benefits of divorce arbitration as opposed to mediation or litigation, such as flexible scheduling with the judge and other parties (unlike divorce trials which are fixed by the judge and courts involved) and the option to select an arbitrator who is experienced in an area relevant to the personal circumstances (i.e. estate finances, child custody, taxes, etc.).

Conclusion

Divorces are never easy and can be tough to navigate both legally and emotionally. Understanding the legal processes and the different options out there, such as divorce arbitration, can not only help optimize one’s time and finances but can help divorcing parties get the proper assistance they need for their situation. Contact us at Pond Law Group for more information or to schedule a consultation.

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Child Custody Laws for Unmarried Parents

bill@friscowebsites.com (Bill Sholar) — Wed, 29 May 2019 17:32:47 GMT

Child Custody Laws for Unmarried Parents

Jun 21, 2018 | Custody, Family Law, Latest

When a couple, whether married or unmarried has children, they have certain rights of parenthood. When that same couple splits up, they must legally determine the care and custody of their child or children.

Let’s learn more about child custody laws for unmarried parents in Virginia.

What is a Child Custody Order?

A child custody order is a judgment, decree or order given by the court that provides for the legal and physical custody of a child, and visitation rights.

Even for unmarried parents, a child custody order will ensure certain legal rights including: the right to make decisions about your child, and the right to have physical custody of your child (to have you child live with you.)

According to WomensLaw.org ,

“without a custody order, it is possible that you may not have these legal rights, even if you are the parents who takes care of the child every day.”

Are There Special Child Custody Laws for Unmarried Parents?

In most states, under its child custody laws for unmarried parents, custody automatically defers to the mother unless the father takes action to be awarded custody.

In Virginia, when it comes to the determination of child custody for unmarried parents, the best interests of the child are most important. Virginia, however, favors the primary caretaker, which is often the mother. You will need to speak with your attorney to arrange joint custody and/or visitation rights, which is best done closely following the child’s birth.

In addition, according to FindLaw ,

“An unwed father often cannot win custody over a mother who is a good parent, but he will usually take priority over other relatives, foster parents, or prospective adoptive parents.”

Proof of Paternity is Required

An unwed father must legally prove that he is the baby’s father since it is not presumed that he actually is. Without proof of parentage, the father’s name will not appear on the baby’s birth certificate; nor will the father have the right to seek custody or visitation.

Conversely, without proof of parentage, the child cannot benefit from the father’s insurance, veteran’s benefits or inheritance rights.

There are two ways to prove parentage: with a genetic test, like a DNA test, and through an Acknowledgement of Paternity (AOP) statement, a voluntary form that the father and mother must sign in front of a witness. These forms are available at the hospital.

Virginia Putative Father Registry

If you have not formally established paternity, and your name is not on the birth certificate, but believe that you are the father of a child, you can register under the Virginia Putative Father Registry within 10 days of the child’s birth.

This enables a father to be notified in the event his child is placed for adoption, and aid in protecting paternal rights.

Let Pond Law Help You With Family Law Issues

When you have a family law issue, or need to learn more about the child custody laws for unmarried parents, turn to Pond Law.

We’re here to help you in your time of need. Request a consultation today.

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Getting Full Custody of a Child in VA

bill@friscowebsites.com (Bill Sholar) — Tue, 28 May 2019 13:43:33 GMT

Getting Full Custody of a Child in VA

Aug 31, 2018 | Custody, Latest

When it comes to getting full legal or physical custody of a child in Virginia, a parent must undergo a legal process whereby the courts will determine, through a number of factors, what is in the best interest of the child.

How to Get Full Custody of a Child in Virginia

Petition for Custody

To begin, a parent must file a Petition for Custody with the Court Services Unit of the Juvenile and Domestic Relations Court to begin the process of getting full custody of a child in Virginia. This Petition is generally filed in the jurisdiction in which the parent and child have resided for at least six consecutive months.

A parent seeking full custody must file a Petition for Custody . This petition will include a number of factors the judge will take into consideration found in the Code of Virginia § 20-124.3 . Best interests of the child; visitation.

File an Affidavit

In addition, the filing for custody is subject to the Uniform Child Custody Jurisdiction and Enforcement Act and requires an affidavit to be filed along with the Petition for Custody. All submitted documents must be signed in the presence of a notary public or court official, or by the retained attorney, and notice of filing must be given to the other parent.

File a Motion to Amend

If a court order is already in place for custody, the parent is required to file a Motion to Amend or Review Order in the same court that issued the original order for custody. Then the court will schedule an initial hearing during which the judge may order a mandatory mediation, psychological evaluation of both parents, a court-appointed attorney for the child, or a temporary custody order.

Judge's Decision

If parents cannot reach a custody agreement, the case will go to trial on the motion or petition request, generally one to three months following the initial hearing. This is where the judge will decide final custody after reviewing a long list of factors.

ll schedule an initial hearing during which the judge may order a mandatory mediation, psychological evaluation of both parents, a court-appointed attorney for the child, or a temporary custody order.

If parents cannot reach a custody agreement, the case will go to trial on the motion or petition request, generally one to three months following the initial hearing. This is where the judge will decide final custody after reviewing a long list of factors.

If you are awarded sole or full custody of a child in Virginia, the courts may also limit you from relocating to another state, especially if the other parent convinces the court that the move will inhibit visitation.

Full custody, or sole custody, is generally only awarded when one parent presents an overwhelming case in their favor, and it is in the best interest of the child.

In addition to parents, anyone with a “legitimate interest” in the child may also file to get full custody in Virginia. This can include grandparents, stepparents, or other blood relatives or family members, or anyone the court decides has a legitimate interest. Those convicted of sexual conduct with a child may not seek custody, and those with violent crime records may be prevented from obtaining custody.

Related: How to Get Sole Custody of a Child in Virginia

Joint Custody vs. Sole Custody of a Child

Custody is defined as the parent who has the legal responsibility for taking care of a child younger than 18. Custody can be issued as joint custody or sole custody.

In joint custody , both parents share the responsibility of making the major decisions that affect their child’s life. This includes decisions about medical care, education and religion. In joint legal custody, both parents are responsible for the care and control of the child and make joint decisions, even if the child only lives with one parent. In joint physical custody, the same rights pertain, however, the child lives with each parent for periods of time.

When the court awards a parent sole custody , that parent is responsible for all major daily decisions in that child’s life, and the child will live with that parent. The other parent may have visitation rights unless he or she is deemed unfit and his/her parental rights are terminated.

Contact Pond Law Group in Front Royal, VA

Since getting full custody of a child in Virginia can be a complicated process, we recommend that you engage a family law attorney with experience in Virginia child custody – like Pond Law Group .

If you have questions about seeking full custody, we’ll be glad to answer them.

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