“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?
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.
Change to Military Retirement Division Has Major Impact in Virginia Divorces
In 2017, the National Defense Authorization Act (NDAA) brought about major changes in how military retirement benefits are divided in Virginia divorce. Prior to the enactment of this law, state courts were not required by the federal government to follow a particular methodology in dividing a servicemember’s military retirement. The typical method of dividing military […]
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