Agreeing on child custody and the visitation schedule for the children can be difficult for two parents who are no longer together, especially if the parents have different parenting styles and/or different notions of what is best for the children. When parents are unable to reach a custody agreement, it is the occasional practice of the courts to order a child custody evaluation. Absent a court order, parents may also elect this option.
What is a Child Custody Evaluation?
A child custody evaluation is, essentially, an investigation of the children’s home, home environment, family relationships, and other matters of the children’s lives. The goal of the investigation is to determine the best custody and visitation outcome for the children, and the results of the investigation are used to aid the court in making its custody and visitation decision.
What is the Process?
Once a … Read More »
If a guardian ad litem (GAL) is appointed by the court in your custody case in Virginia, what do you need to know? First of all, the GAL is an independent operator on behalf of the children’s best interests. They are like a “roving judge” in your case, empowered to interview parents, children, third parties, and to observe the home environment. They eventually report back to the judge at trial with their findings and recommendations.
Black’s Law Dictionary defines a GAL as “a guardian, usually a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party.” Rule 8:6 of the Rules of the Supreme Court of Virginia describes the role of GALs as follows:
The role of counsel for a child is the representation of the child’s legitimate interests. When appointed for … Read More »
Going to court for the first time can be an intimidating experience. Whether you are facing criminal charges or find yourself in court in a divorce or custody case, remaining calm in court can really help you make your most effective case. We put together the infographic below to help you understand all the different parts of the courtroom, so you can feel at ease on your day in court. This infographic explains who people are, what they do, and where they sit. We’ve also included some interesting facts about courtrooms, and funny quotes from actual court cases.
Our experienced attorneys feel right at home in the courtroom– hopefully this information will allow you to also be at ease in front of the judge or jury.
Click the image to see a bigger version
If you enjoyed this infographic, or found it useful, feel free to use it on … Read More »
If you are in the process of getting a divorce or fighting for custody of your children in Fairfax County, you may need information from the opposing party concerning his or her assets, living situation, sources of income, etc. This is where the discovery process comes in. The discovery process is an evidence-gathering opportunity for you to gain information that you would not otherwise have on your own. There are two types of discovery: (1) informal discovery, where parties and their attorneys voluntarily exchange documents and information, and (2) formal discovery, where litigants extract information from each other through written discovery requests, which carry deadlines for response and may be enforced by court action.
The discovery process may vary according to the court in which you file. In the Juvenile and Domestic Relations Court you must request permission from the court … Read More »
If you have a hearing or trial scheduled in Fairfax County, the Fairfax County Courthouse (called the “Jennings Judicial Center”) may at first seem overwhelming. The busiest courthouse in the Commonwealth of Virginia sees approximately 20,000 people enter on a weekly basis, and the enormous, $120 million expansion, which was completed in 2008, only adds to the potential for intimidation.
When arriving, it’s important to note that the public parking garage is a 5-10 minute walk to the main entrance. Long lines will often develop at the security checkpoint that everyone must traverse, so be sure to arrive early. An information desk is available past the security area to provide further assistance.
For cases in family law, which is my area of practice, the Circuit Courtrooms are located on the fourth and fifth floors, and the Juvenile and Domestic Relations (JDR) Courtrooms … Read More »