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We hope this is a once in a lifetime scenario: schools are closed, daycare facilities are closed, businesses are laying people off and closing their doors. The list goes on. 

It is difficult to navigate this uncertain and unprecedented situation; there are more questions than answers.  In this post we briefly address a few questions that we have been receiving for ongoing divorce and child custody cases.

• Q: Will my scheduled hearing be canceled?
  • As our society continues to work towards containing the spread, the Virginia Supreme Court has ordered circuit and district courts to continue non-essential/non-emergent hearings. Most cases set between between now and April 26 will be rescheduled--including most divorce and child custody/visitation matters*. 
  • *Emergency custody hearings, abuse and neglect cases, and protective orders may continue to be heard.  Here is a link to the Supreme Court's Order, which you should review. We strongly advise you to check with your jurisdiction to verify the status of your case.
  • If you already have an attorney, reach out to them; if you do not, we would recommend speaking with an experienced divorce and family law attorney regarding your specific circumstances.

In theory, co-parenting during the summer should be a breeze--no school, no homework, no stress, right?  In practice, things can get pretty complicated trying to come up with a summer visitation schedule that works for both parents and keeps the children happy.  This post offers brief thoughts on some frequently-used summer visitation schedules.  Now that summer is nearly over, you can reflect on these options to determine what to do for next year.  As with all of our posts, this is not designed to offer legal advice regarding what schedule would work best for you and your family.  If you have specific questions, you should speak with an experienced Virginia family law and divorce attorney.

Co-parenting is no easy task, especially when your relationship with the other parent has ended and you are living in different homes. Nevertheless, it is very important that you dedicate time and energy towards building good co-parenting skills. Life will be a lot brighter and less stressful (for you and your child) if you and the other parent can have positive, productive communication and make decisions effectively. This post is designed to provide a few tips for co-parenting from a Virginia family law attorney's perspective. This information is not intended as legal advice, as every co-parenting relationship is unique. Should you have specific questions regarding your custody or visitation case, be sure to speak with an experienced divorce or family law attorney.

With its decision in Obergefell v. Hodges, the United States Supreme Court ruled that all states are required to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions. While the Supreme Court provided clarity on the issue of same-sex marriage, practitioners and same-sex couples are now facing new legal questions in the areas of divorce and child custody.

When entering (or re-entering) child custody litigation, the legal documents that parents file determine which set of legal standards and procedures will be applied. Throughout the lifetime of a child, parents may commence custody and visitation cases by filing initial petitions, motions to amend, or de novo appeals (not to mention appeals to higher appellate courts, which will not be addressed in this post). What are these different stages, why are these filings important, and how can an experienced family law and divorce attorney at BoykoNapier help you successfully navigate this terrain?  Please keep in mind that all cases are unique and you should consult with an experienced Virginia lawyer about what to file for your particular case.

In Virginia, Judges have the authority to order that a person's visitation with their minor child be supervised.  Because we receive tons of questions about supervised visitation, we thought it would be good to create a short post with some basic information.

What is supervised visitation?

• Supervised visitation is when a parent who is visiting with their child has another individual (a.k.a. "the supervisor") in their presence to ensure that the visitation is safe and appropriate for the child.
• The role of the supervisor is an important one; the supervisor is tasked with monitoring the parent's behavior and interactions with the child during the visitation.

If you have children and are separated or divorced from the other parent, chances are you have a visitation arrangement of some kind. It might be a simple understanding with no concrete terms, or it might be spelled out in detail and contained in a written Virginia court order. Whatever the case, it is important for separated parents to be open-minded about what visitation arrangement is best for their child. After all, kids change as they grow up, and what works today might be broken tomorrow. We frequently have folks come to us with one question: How do I figure out what visitation arrangement is best? Unfortunately, we cannot answer that one for you.  There is no person better equipped to answer that question than you, the parent. You have unique knowledge about your child, and about the kind of relationship (or lack thereof) they have with the other parent.  Only you will know if the right arrangement for your child requires a dozen provisions to iron out every possible scenario, or if the right arrangement is to leave the options open at all times.

In Virginia child custody cases, many folks mistakenly believe that the phrase "joint custody" always means that parties share custodial time with their child.  However, in Virginia, there are two types of custody: legal custody and physical custody.  If you are dealing with child custody and visitation issues, it is important to know the difference.

What is Legal Custody?

Most parents have joint legal custody.  According to Virginia Code Section 20-124.1, "joint legal custody" means that parents have "joint responsibility for the care and control of the child and joint authority to make decisions concerning the child . . ."  Thus, parents with joint legal custody should collaborate and discuss important issues involving their child. "Sole legal custody" would therefore refer to a situation where one parent holds the decision-making authority in reference to the child.