Rinehart, Butler, Hodge, Moss & Bryant P.L.C.Attorneys At Law

Is child custody law in Virginia unfair to fathers?

Is child custody law in Virginia unfair to fathers?

Virginia Code Section 20-124.2(B) provides: “

“In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.”

This means that the Court is not allowed to favor a mother over a father in custody and visitation cases based gender considerations, or vice versa. Yet many fathers believe that “father’s rights” in custody and visitation cases in Virginia are not observed, or at least that they are not respected as much as a mother’s rights. What do you think, and do you believe that father’s right’s in custody and visitation cases are respected by the Virginia courts?

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benefits of settling child custody cases outside of court

Posted on May 5, 2010 by Ken Hodge in Child Custody and Visitation

Some people think it strange to hear an attorney talk about the benefits of staying out of court. But in child custody and visitation cases, it is absolutely essential that the client consider the risks and costs associated with litigation, and also the possible benefits of resolving the case by agreement. Please see Ken Hodge’s Read Article.

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“separate property” in divorce may become marital

Posted on March 26, 2012 by Ken Hodge in Divorce, Equitable Distribution

Ken Hodge recently wrote an article outlining how separate property, i.e., property owned by one spouse prior to the marriage, can be treated by the Court as marital property to the extent that it increased in value during the marriage. This is an aspect of Virginia divorce law that many clients find surprising and confounding Read Article.