Virginia Family Law: How to File to Modify Visitation

Do you have a custody or visitation order that is sveral years old? Maybe you are the non-custodial parent and the other parent has threatened to move out of state. How do you get in front of the judge to make sure your rights are protected?

What are the Required Forms to Change Custody or Visitation?

In order to change a custody or visitation order, there are a few forms that you will need to fill out with the juvenile and domestic relations court. These forms are:

• Motion to Modify : This document notifies the Court about which portion of the order you are wanting to change and what you want the new language to include. For example, if you are looking to change the visitation schedule you would identify the current schedule and the schedule you are seeking. You must also identify why you are looking to change custody or visitation.

• Service Member Relief Affidavit: This document is required to confirm whether the other parent is a member of the armed forces. If they are, that may delay your case if they are on active duty. It is a required document for the Court.

• UCCJEA Affidavit: This document notifies the Court of all the places the children have lived over the last five years. The raeson for the form is to make sure you have chosen the right Court to file the paperwork in.

• Motion to Enjoin: This document notifies the Court that you are trying to stop another parent from moving out of the area with the children.

• Motion to Expedite: This document notifies the Court if there is an emergency that needs to be taken care of if the children are not safe.

There may be other forms required depending on what you are trying to accomplish.

How a Family Lawyer Can Help

These forms can be complicated to fill out. If you file them improperly it can result in your case being delayed or the Court not taking your request seriously. Makre sure you hire a local attorney to help you prepare the paperwork properly.

Virginia Divorce Law: Uncontested Divorce Documents

Are you interested in an uncontested divorce? If so, this article may be useful in understanding the types of documents required by the Court to finalize your case and why those documents are important.

So what is the process for an uncontested divorce and what documents are required?

How to Get a Virginia Uncontested Divorce

In order to qualify for an uncontested divorce, you must have been separated for at least six months from your spouse if there are no kids. If you have children together, you must wait an entire year. After that time window is up, you must do the following things:

1) You must come to an agreement on all property and custody issues;

2) You must draft a formal agreement detailing those terms and both spouses need to sign;

3) The agreement must be submitted to the Court for review.

What Documents are Required in Virginia for an Uncontested Divorce?

There are several documents that you need in order to finalize your divorce. The law recently changed to make this a little easier, but it is still important to understand what needs to be prepared. Below is a list of documents required:

1) Separation Agreement

The Separation Agreement is the document that both sides sign that details what you have agreed to. You must have all issues addressed in the agreement. If something is left out, it could turn your case into a contested divorce and require more time and effort.

2) Complaint for Divorce

After the agreement is signed, you have to submit it to the Court with a complaint for divorce. This is a document that notifies the Court that you are eligible for a divorce and that you have reached an agreement.

3) Civil Filing Cover Sheet

This document notifies the Court what type of case is being filed so the Clerk can calculate the filing fee and make sure you are filing the right type of case

4) Request for Summons

This document notifies the Court that you want the other side to be served with the paperwork. Service is required in order to finalize a divorce. A summons can be for sheriff service or for the other side to accept the paperwork without a sheriff involved.

5) Waiver of Service

This document is filed with the Court when the other spouse does not want a sheriff to come to their house to serve the paperwork. The document accepts the complaint and notifies the Court they received the summons as well.

6) VS-4 Form

This document is a standard form prepared by the Virginia Department of Vital Records that details the information from the spouses. This document requires social security numbers, birth dates, places of birth, and more information.

7) Plaintiff’s Affidavit

This is a notarized document from the person filing the complaint confirming the allegations in the complaint are true.

8) Final Decree of Divorce

This document is what is given to the judge to finalize the divorce. There are many legal requirements as to what should be in a Final Decree of Divorce depending on what the parties have agreed to.

Why You Need a Divorce Lawyer for an Uncontested Divorce

You should hire a lawyer to help you prepare the documents listed above. If you do not have a lawyer, it can result in the case taking additional time to resolve and maybe even denied by the judge. Make sure you hire a lawyer to do it right the first time. Even if you get past the judge, there may be problems down the road when it comes time to enforce the paperwork.

Virginia Family Law: Changes to Grandparent Visitation

In Virginia, the Court system has historically not been kind to the rights of grandparents. Biological parents would traditionally have a veto power as to the ability of a grandparent to ask for custody. If a grandparent wanted visitation over the objection of the parents, they would have to meet a strong burden known as “actual harm.” However, that lawa has recently changed. So what are the changes to grandparent visitation rights, and what do you need to know if you are a grandparent in Virginia?

The Old Law

In order to understand what the current rules are for grandparent grandparent rights, you need to understand what the old rules were. These rules fall into two categories: custody and visitation

Grandparent rights: custody

Custody means two things: making decisions for the upbringing of a child and being the primary residence for the child. Under the old rules, a grandparent would not be able to ask for custody if both biological parents objected without proving that both parents were “unfit” or a number of special circumstances. Unfit means that the parents are not able to exercise their job as custodians.

Common examples of being “unfit” include excessive substance abuse, mental health disorders, and abuse or neglect. A grandparent may also be successful by showing that the parents previously gave up their custody voluntarily to a third person or to a different grandparent.

There are some more complicated rules if only one of the parents object, but there is still a high burden for grandparents to get custody.

Grandparent rights: visitation

Under Virginia law, Visitation means being able to spend time with your grandchildren. Under old Virginia rules, a grandparent could only get visitation over the objection of the parents by showing “actual harm.” This means that the child would be harmed, whether psychologically or physically, if they were unable to see their grandparents. This was also a high burden for grandparents, and few were successful in meeting that standard.

Virginia Grandparents Rights: The New Law

Starting in 2021, grandparents now have an additional ability to ask for visitation under limited circumstances. If one of the biological parents pass away, and that parent wanted the grandparent to have visitation, then the grandparent can ask the Court for visitation. The idea behind the law is that whole families were being cut off whenever one of the biological parents would pass away. As a result, it is now easier in some scenarios to ask the Court for visitation, but not custody.

Why You Need a Custody Lawyer

As a result of all these changes, it is more important than ever to talk to a lawyer if you are interested in asking for visitation or custody rights for a grandchild. An experienced lawyer can help you navigate these complicated laws and present your case to the Court.

Custody and Visitation: Part 1

Custody and Visitation are two of the most common types of cases that Family Law attorneys will see. Custody deals with who the child should primarily live with and who should control where the child goes to school. Visitation deals with how often the non-custodial parent gets to see the child. Most of the questions that I get from clients involves some basic information that everyone should have when dealing with child custody and visitation. This is the first in a series that explains the process and common terms involved.

     The first thing that I want to talk about are the terms that we lawyers use when dealing with child custody. Terms are important, because the law is built on terms and words. Without understanding the terms behind the law, a judge may deny your petition and leave you without your child.Some common terms that you will run into when dealing with custody and visitation issues are jurisdiction, venue, and the best interests.

     Jurisdiction is a word that we lawyers invented to describe how courts are able to have power over you. There are two types of jurisdiction; subject matter and procedural. Subject matter jurisdiction deals with which of the three court types in Virginia will deal with your case; Juvenile and Domestic Relatoins Court, General District Court, or Circuit Court. I previously talked about the differences between these courts. Juvenile and Domestic Relations Courts are the ones that handle issues related to children. Sometimes the Circuit Court will hear issues of custody if they were the ones that handled the divorce process.

     Procedural jurisdiction is a fancy phrase that simply means; are you in the right area or state for your case? One of the largest issues that I see when dealing with interstate couples is deciding where to file for custody. There is an interstate law known as the UCCJEA that states actions should be brought where the child has lived for six months prior to the court case. If the child lives in Minnesota, you cannot normally bring a custody case in Virginia.

     The second major term is Venue. Venue deals with which of the courts is the best one within your area to bring the suit in. This is determined by connections with the surrounding area. For instance, if the child lives in Alexandria, VA for six months, you have jurisdiction in Virginia, and Venue is in Alexandria's Juvenile and Domestic Relations Court. There is a lot of law surrounding Venue, and it is best to speak with an attorney about this. A case may be transferred if you have the wrong Venue.

     Finally, the most important phrase of all is "the best interests of the child". First and foremost, the Court will always consider the interests of the child to be the most important factor in determining custody or visitation. These interests are written in the law, and your normal family lawyer will be able to tell you exactly what the court will consider when determining what is in the child's best interests.

     In the end, there are a lot of complicated terms used in Family Law. It is always best to get your own attorney to help you. However, this basic understanding will allow you to speak with the attorney to understand what is right for you.