New Virginia Laws: 2023 Family Law Edition
Find out more about the new laws in 2023 for divorce and custody.
Every year, the General Assembly (the Virginia Legislature) considers new laws that are proposed by lawyers, interest groups, and private individuals. These new laws take effect on different dates throughout the year, but the most important date is July 1st. Several new laws were passed this year that you should be aware of. Below is a summary of various new laws passed involving divorce, custody, support and other family law issues.
Medical Records - One of the major things the court can consider in custody and visitation cases is the mental and physical condition of both parents. A new law has been passed that has made it easier for parties to submit those records to the Court. The updated version of the law (16.1-245.2) makes it easier to present reports to the court from medical providers. If medical records are an important part of your custody case, make sure to hire a lawyer familiar with these new requirements.
Divorce Court v. Custody Court - The General Assembly also passed a law that made it easier to kick out a custody case if a divorce case is filed in the Circuit Court. The Circuit Court is a higher level court in Virginia than the custody court. If a divorce case is filed, certain steps can be taken to kick out a pending custody case. Make sure that your lawyer knows these new laws and how to take advantage of them.
Pregnancy costs - In response to a growing number of concerns about pregnancy and delivery, Virginia has passed a new law that makes it possible for a mother to ask for reimbursement for costs associated with pregnancy is there is a dispute as to who the father is.
These are only the biggest new laws for family law. There are many others. If you are looking for a divorce lawyer to help you out with your case, make sure you find one familiar with these new laws and how they may effect your case.
Virginia Family Law: What is a Show Cause?
What is a show cause and how do you file one in Virginia?
Sometimes people do not follow court orders. Maybe the other parent is refusing to pay child support or is attempting to contact the children at odd hours. The Court has the ability to stop these behaviors and enforce its orders. It is important to understand how the Court does that and what you have to do to enforce your orders.
So what is a show cause and how do you file one?
Virginia Family Law: What is a Show Cause?
A show cause is a document that you file with the Court asking the Court to enforce an order. The show cause identifies a few things:
1) The specific order that is being violated;
2) What provisions of the order are being violated;
3) How those provisions were violated;
4) When those provisions were violated;
5) What you want the Court to do about it.
How to File a Show Cause in Virginia.
A show cause can be filed either by hiring a lawyer to draft it or, if it is a juvenile order being violated, contacting your local juvenile intake. They can potentially help you fill out the show cause.
What Powers Does the Court Have in a Show Cause?
The Court has a few powers when you file a show cause. The ultimate goal is to force compliance. In order to force compliance th Court can;
1) Order a fine;
2) Impose additional restrictions on custody or visitation;
3) Impose jail time;
4) Order them to fully comply or face additional sanctions.
The specific power the Court uses depends on the facts of the case and how severe the violation is.
Why You Need a Family Lawyer
Make sure you talk to a family lawyer if you are considering a show cause. They can help you put as much detail in the document as is necessary and ask for the right kinds of sanctions.
Virginia Family Law: What is Split Custody?
What is split custody in Virginia and when should you ask for it?
When it comes to physical custody and child support, Virginia has three major types of custody: joint, sole and split custody. This post will talk about what split custody is, when it is appropriate, and how to ask for split custody.
So what is split custody, and should you ask for split custody?
What is Split Custody in Virginia?
Split custody is used in determining spousal support and can have an impact on the total number of overnights that the other parent spends with the child. Split custody is best understood in contrast with sole or joint custody. Under a sole custody schedule, the other parent will spend less than 90 overnights a year with the child. Under a joint schedule, the parents are evenly dividing the year.
In contrast, split custody is anything between joint custody and sole custody. If the other parent has less than 183 overnights a year, but more than 90 overnights a year, then that is a split custody schedule.
When is Split Custody Appropriate?
Split custody schedules are appropriate when both parents are wokring unusual schedules that require a lot of planning. The most common examples are couples where one parent may be a nurse and the other parent may work in law enforcement or public safety. In other words, shift schedules are often appropriate for split custody schedules. Neither parent is necessarily always available to provide for the child while the other parent is at work.
As a result, parents have to get creative and work around each other’s shifts to meet the child’s needs. Maybe that means that the other parent will have parenting time three weekends a month from Friday to Monday and an overnight every Tuesday. Or maybe it means one weekend a month from Saturday to Tuesday and overnights every Thursday.
There is a lot of flexibility in how a split custody schedule can be created.
Why Split Custody Schedules Are Important
There are two majors impacts of having a split custody schedule. First, it allows for flexibility based upon chaotic schedules. Second, it has a major impact on child support. If the other parent has more than 90 overnights a year, then their child support can be reduced based upon the number of overnights.
Why You Need a Custody Lawyer
A Virginia custody lawyer is important to have when deciding if a split custody schedule is right for you. It is one of many options available. However, it may or may not be the right option for you. A custody lawyer can also help you create a schedule that works best for your situation and help you create something that is enforceable, predictable, and in the best interests of your child. If you are considering a custody case, please reach out and we can schedule a consultation to see if split custody is right for you.
Virginia Family Law: How to Get Child Support
Find out how to get child support in Virginia.
Raising children can be very expensive. Food, clothing, hospital bills, extracurriculars and unreimbursed medical expenses can make it very difficult for a single mother or single father. If you are no longer living with the other parent, it is important to know how to get child support and how child support is calculated.
How Do You Ask For Child Support in Virginia?
If you are looking for help paying for your child'ren’s living expenses, the best way of getting help is to ask for child support from the other parent. If you do not yet have a child support order in place, you would need to either open a case with the Department of Child Support Enforcement or file a Petition for Child Support.
The first thing you would need to do is go to the Clerk’s office where you live or to call the Richmond Office of the Department of Child Support. They can walk you through the paperwork required to start receiving child support.
How Much Child Support Will You Get?
In order to get the most child support you can, you need to make sure you have all your receipts for your expenses ready for the Court or Child Support to review. They will want to see the cost of your insurance, your pay stubs, and day care expenses.
All of those expenses get factored into the amount of child support you are entitled to. Once you do file, the other parent will be required to provide their earning statements to the Court for calculation.
Why You Need a Child Support Lawyer.
A child support lawyer can help you get all the documentation ready to file with the Court and maximize the amount of child support you will receive. If the other parent is working under the table or is self-employed, your lawyer can help you get that information in front of the Court. So make sure you talk to a child support lawyer if you need help with paying for raising your children.
Virginia Family Law: What is Sole Custody?
Find out more about sole legal and physical custody in Virginia.
In Virginia custody cases, there are two types of custody: physical custody and legal custody. There are three different subcategories: sole, split and joint custody. Many people come to my office asking for “full custody” or “sole custody.” It is important to understand what that word means and the situations in which the Court will consider giving sole or full custody.
So what is sole custody, and how does it work?
What is Sole or Full Custody?
Sole legal custody means one parent makes all the legal decisions for the child. Where they go to school, what doctor they go to, what surgeries they have, and what church they go to. Being a sole legal custodian means you do not have to consult with the other parent to make these decisions. The Court rarely grants sole legal custody.
Sole physical custody means that one parent is the one that has most of the parenting time with the child. The other parent has less than ninety (90) overnights with the child.
When Will the Court Award Sole or Full Custody?
The Court will consider sole legal custody when one parent has a history of not being able to making rational decisions for the child. Maybe they have a substantial history of mental health issues or substance abuse issues. If they are unable to be involved in making decisions the Court will not let them. Alternatively, if the parent has historically not been involved at all and has showed no inclination to be involved, the Court may also restrict that parent’s legal custody.
The Court will consider sole physical custodoy when the other parent is unable to provide for the needs for the child. For example, if they work night shift and cannot get the child on the bus. Or maybe they live several hundred miles away and cannot be involved in the day to day needs of the child. Those are the situations in which a Court will consider sole physical custody.
Why You Need a Custody Lawyer.
A custody lawyer will be familiar with the types of cases that your local judges will consider appropriate for sole or full custody. Not at all cases are eligible for sole or full custody, so it is important to talk to an experienced, local attorney to explore what might help in your case.