Virginia Family Law: The Role of DCSE

If you are currently receiving child support, ordered to pay child support, or just thinking about asking the Court for child support, you may come across a government body known as the Department of Child Support Enforcement (DCSE for short). DCSE serves may different roles in child support from setting out an initial child support obligation to helping you force the other parrent to pay their child support.

So what is DCSE and when should you consider reaching out to them for help?

What is the Virginia Department of Child Support Enforcement?

DCSE is a Virginia government agency whose job is to help people navigate how to ask for or enforce child support obligations. They employ several different types of professionals from lawyers to appear in Court to collections workers to help manage active accounts. They have office throughout Virginia and are able to help local clients with their child support needs.

DCSE does a few different things. If you do not currently have child support but are interested in asking for child support from the other parent, then DCSE can start the process. Once you open a case with DCSE, they send out letters to the other side. In these letters, they request financial information used to calculate how much child support you are entitled to.This is a great way of skipping the long waiting requirement of having to go to Court for child support.

DCSE also helps to enforce existing child support obligations. If you already have a court ordered child support obligation, you can ask DCSE to take money from the other parent if they are refusing to pay. They can take money from their job, their bank accounts, or even ask the Court to hold them in contempt and seek jail timime.

The Pros and Cons of Opening a DCSE Case in Virginia.

When it comes to child support, there are two major options. You can either go to the Court system and ask the Court to set up child support and ask the Court to enforce the obligation, or you can open a case file with DCSE and allow them to help with those things. There are benefits and drawbacks to both approaches.

If you decide to go through the Court system, you are on your own unless you hire a private lawyer. The Court system can be complicated and confusing to many people, and they may not be able to afford a private lawyer. However, going that route gives you more control over the outcome of any enforcement actions.

In contrast, DCSE is a free service to the person who is supposed to be receiving child support. It is a much cheaper option than hiring your own attorney. You also have knowledgable professionals helping with the child support obligation. The downside is that you lose control over enforcement actions and it is up to DCSE as to how strict or harsh they want to be when collecting child suppport. Further, you are limited on how often your case may come back to Court if you have an open DCSE case.

Consider Your Options When Hiring a Child Support Lawyer

DCSE is a tool available for people who want to save money and do not mind losing some control over their child support case. However, it does come with the drawbacks described above. If you are considering filing for child support, looking to enforce a support obligation, or are even interested in modifying your child support, it is important to talk to a local attorney beforehand to determine if a DCSE case is right for you.

Virginia Family Law: What is a Show Cause?

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 Sole Custody?

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.

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 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.