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What to Look for in a Child Custody Lawyer

Divorce cases are nothing short of stressful. While sorting through the assets between yourself and your spouse, you also need to consider the most important assets, that is the well-being of your children and what’s best for them.

Because of how important these decisions are in a child custody case, it’s vital to find an attorney that is not only experienced and strong when in front of the judge, but also empathetic and passionate about keeping families connected. This is why we’ve created this blog to help you not only begin your search, but also help you narrow down your options to find the lawyer that’s perfect for your case and for your family.

1. Ask Around

At the beginning of your search, it can be difficult to know where to start when looking for a family law attorney. Rather than skimming through tens of hundreds of websites and articles, it’s best to begin with what you know.

Start by asking your friends and family who have been through child custody cases. Learn from their experiences and take note of what they like and didn’t like about their lawyer. If they’re local to you, make sure to get the name of their lawyer or possibly other lawyers they almost chose.

If you don’t know anyone personally that has gone through a child custody case, your county and state offer plenty of resources to find family law attorneys. You can always consult your local court clerks and the state bar association for referrals. Some courts also have a network of lawyers, so don’t be afraid to call the court directly.

2. Further Research

Once you’ve compiled a list of lawyers from these recommendations, it’s time to narrow down your options. Conduct research by looking through each lawyers’ websites and social media pages. See how they describe themselves and interact with others, and if this behavior seems appropriate to you.

It’s also a good idea to look at reviews on Google or Yelp from previous clients. While these reviews can be biased, as they’re normally posted by people who feel strongly one way or the other, try to notice trends in what people are saying or how they rate the lawyer.

Beyond online research, you should also do some digging into their background. Look through Virginia’s state bar attorney directory to see if the lawyer is in good standing or has ever had their license suspended. You can even talk with other lawyers to get their opinion on anyone you’re considering, especially if the person you’re talking to has worked in the county or state for a while.

3. Meet In-Person

After eliminating a few lawyers, it’s important to meet with your top choices in person. While an attorney may seem right for you through their website and social media, there’s no greater test than speaking with someone face-to-face.

When meeting with the attorney, make sure to look for anything that might make them a good or bad fit. Remember, you need someone who will truly work with you and your family, someone who will understand your needs so they can more effectively fight for them in court.

Pay attention to their communication skills, how they speak not only with you about the case, but also with and about your family. Your family lawyer should be able to treat your kids with the same amount of respect and understanding that you would. Most importantly, if you have a bad feeling about the lawyer, listen to it. If this person isn’t right for your family and your case, then there’s no point in hiring them and possibly wasting more money and time.

4. Ask the Right Questions

By the end of your meeting with your potential lawyer, it’s vital to understand what type of lawyer they are and if their goals line up with your own. This is why it’s important to ask the right questions and get a sense of the lawyer’s ethics and intentions when developing a case.

There are a few points you should focus on when coming up with your question. You should ask about their background and see if it lines up with your research. Find out their legal philosophy to see if you agree with their approach to law. Find out their case management skills to make sure they’ll be on top of your case.

In a similar vein, you should ask them what they think about your case, to see if they’ll be open and honest with you. And possibly most importantly, make sure to ask about their cost to make sure the attorney can fit into your budget.

If you need further help coming up with specific questions, this link has some sample questions to get you started.

5. Never Settle

No matter how much research and planning you do beforehand, you can never truly tell how good of a match a lawyer is until you actually work with them. Because of that, it’s possible that you may realize further into the case that this attorney is not right for you and your family.

Don’t be afraid to find another lawyer if your current one isn’t up to your standards. While you may have felt confident during your initial meetings, this is an important decision and you need the attorney that is right for you.

When searching for a Richmond family attorney, call Cravens and Noll for an initial consultation to make sure we are the right fit for you and your family. Our experienced team of Virginia family lawyers know the law like the back of our hands and will work with your family to get the best results from your case. Check out our family law page for more details.

How Do I Find a Family Law Attorney

As with other law practice areas, you don’t typically think about the process of finding a family law attorney until you absolutely need to.

To help you in your search for a family law attorney, we’ve compiled some tips on steps that will help you make the best decision you can for hiring a family law attorney.

Here are the 4 things you need to know to hire a family law attorney in Richmond, Virginia:

• Know what type of lawyer you need
• Know where you’ll file your case
• Know what your options are
• Know what makes a good family lawyer

Know What Type of Lawyer You Need

Not all lawyers work in all practice areas. Many of them specialize in specific types of law. Before you begin your search for a family law attorney, you need to know if your case is something that qualifies as family law.

Family law, otherwise known as “domestic relations” or “matrimonial law”, can typically include the legal matters surrounding marriage or family relations such as divorce, custody, adoption, or prenuptial agreements.

You will need a family lawyer if your case involves one of the following:

• You would like to get married with a prenuptial agreement
• You and your spouse are pursuing a divorce, annulment or legal separation
• You would like to modify a divorce agreement
• You would like guidance or modify the terms of spousal support, alimony or child support
• You are pursuing an adoption
• You and your child’s other parent cannot agree on custody or visitation

Know Where You Will File Your Case

Most cases are filed in the county where the person who is filing the case lives, or if it is a matter involving child custody or support, where the child primarily resides The person who files is called either the plaintiff or petitioner.

It’s important to consider the legal residence of the plaintiff because family laws vary from state-to-state. Because the laws are different from state-to-state, each state has a bar association that the lawyer must join before he/she can practice law.

A lawyer who practices family law in Richmond and Chesterfield county, for example, might join the Greater Richmond Bar Foundation or the Chesterfield Bar Association.

Your friend in another state might have a good recommendation for a family law attorney that they trust, but if they don’t have a license to practice law in Virginia, you can’t hire them.  If your friend has a good recommendation for a family law attorney who practices in another part of the state and is not familiar with the courts and judges in your area, you may want to consider another attorney who practices more in your area.

Know What Your Options Are

Once you know where you are looking for a family law attorney, you should search for the law firm that will best represent you. You can begin your search on your state’s bar association directory or on a search engine like Google or Bing.

If you search online, you’ll want to include the county or city that you are looking for a family lawyer in rather than “near me.” A good local family lawyer, even if they are on the other side of the city/county, may serve your needs better than the lawyer that happens to be closest to you at the time that you are searching.

Most lawyers have a website that will tell you a little about them and what practice areas they are involved in. They might have some informative resources on their website that give you a snapshot of the types of cases they handle. There might even be answers to some of the frequently asked questions that you might already be wondering about!

Know What Makes a Good Family Lawyer

A good family lawyer should be:

• In good standing with their state’s bar association
• Easy to get in touch with
• Willing to answer questions
• Clear about how much they charge
• Can explain to you a good plan to be successful in your case

Family law attorneys help you navigate legal matters that are sometimes simple but are usually very complex. It’s important that you evaluate a family lawyer not just for what they do in court but how they treat you as you work with them. A good family lawyer has excellent communication skills both in listening to your claim and in explaining your legal options.

Give Your Family Law Attorney a Call

Once you’ve found a family law attorney, contact them. Many lawyers in our local Richmond area have a contact form on their website. If not, their phone number is usually not too hard to find.

If they’re like us (Cravens & Noll is also a local Richmond, Chesterfield, Henrico, Colonial Heights, and Harrisonburg family law attorney with years of experience in these county courts and the counties surrounding them), you’ll be greeted by a friendly receptionist that will set up a consultation for you. The consultation will help them gather the information they need so they can handle your case. Feel free to schedule your consultation with one of our family law attorneys today.

And with that, your search for a family law attorney is complete!

Can A Father Take a Child Away From the Mother

Your children are the center of your life even when marital disputes threaten your involvement in their lives. Maybe you’re the mother who’s worried about the father, or maybe you’re the father worried about how the mother is raising your kids.

In both cases, you’re wondering if the father can take the children away from the mother. We already have a few posts covering family law and divorce proceedings, but in this post, we go over the fundamentals of parental custody, possible custody rulings, what to do if a parent won’t cooperate and how to focus on the best interest of your child.

The Basics of Parental Custody

After the court has made a decision about each parent’s custody of their children, it’s vital that each parent follow these mandates. If the court has given you majority custody and the other parent has agreed to the visitation hours, then the other parent has no legal right to take your child from you.

If you believe that the other parent should have reduced access to your child, it is possible to change your custody agreement. This may bring some complications depending on your situation. 

Changing the Custody Ruling

Any parent, at any time, can make a motion to modify the custody or visitation order given by the court. It’s ideal for both parents to agree on these changes and submit them to the court for approval. If the other parent refuses to agree to the new terms, then the decision will have to be taken directly to court. 

The court will hear the case if they believe that there is a reason for the changes in custody and will then perform a custody evaluation. This usually involves a social worker going to each home and monitoring the situation. If they decide that the custody order should be changed, then they’ll recommend the court to hear the case.

Looking for the Best Interest of the Child

In order to change the custody plan, you need to show the court that there have been major changes in the child’s or the other parent’s lives. You also need to convince the court that it is in the child’s best interest to modify the court order. 

In general, the court looks for how the parents are currently taking care of the child and, if anything interferes with their ability to properly care for them, then that can help change the custody order. 

Some examples of changing circumstances include:

• The parent’s work schedule has changed
• The parent is moving
• The parent’s financial situation has changed
• The child is older
• The child’s safety is at risk by being with the parent
• The family situation has changed
• The current visitation times are not being followed

You should also have hard evidence and documents for the point you’re arguing. For example, if the child’s class schedule has changed, you could bring a document from the school showing this change.

Just one of these examples can be enough to change the custody order. You’ll want at least two examples to give yourself the best chance of convincing the court to listen to your case.

What To Do if the Other Parent is Being Uncooperative 

While most parents do have the child’s best interest at heart, sometimes a change in the parent’s life can put the child in danger. While you may have good reason to request a custody change, it’s difficult to get the case to court without the other parent’s cooperation. 

You would still go through the same steps as listed above, but you would need to make sure the other parent is aware of your attempts to change the court order. You do this by “serving notice” to the other parent, also known as giving a copy of the initial motion. You both will either meet with a social worker or be required to attend a mediation where you both must attempt to reach an agreement. 

In the case that you believe the other parent is breaking the initial custody order, either by keeping the child from you or not providing the agreed upon requirements, then you can file a motion for contempt.

This will force the other parent to attend court, where the judge will enforce the custody agreement if they believe the other parent is in violation of the order. This can also help your case of changing the custody agreement.

Before Acting, Consult a Family Lawyer

Most importantly, you should always consult a lawyer before taking any legal action in a custody agreement. The lawyers at Cravens and Noll are experts in family law and can help you reach the best terms for your children in a divorce case. Get in touch today!

How Do I Protect Myself Before Divorce?

The threats of a shattering relationship can turn ugly real quick. In a divorce, the bitterness can lead to vindictive actions. Escalation can be all too common as you and your spouse cope with splitting a shared life into two independent ones.

As a divorce becomes more and more likely, time is of the essence. You don’t want to feel trapped as you lose ground to your more aggressive other half.

That’s why you’ll want to protect yourself before a divorce with these tips:

• Set expectations before your divorce
• Protect yourself by being decisive
• Protect yourself by protecting your finances
• Know the divorce laws in Virginia by consulting with a divorce lawyer

Set Expectations Before Your Divorce

The most important first step to protecting yourself is to set reasonable expectations for yourself. Without the proper expectations, you’re liable to be blindsided and behind the ball.

Don’t Expect Anything to Come Easy

Divorce goes to court because it’s a big deal to split children, money and property between two spouses. Nothing is guaranteed to be cut and dry.

For example, something as simple as proving that a house that you bought before your marriage should be legally yours during a divorce case might be difficult. If your spouse contributed to the house during the marriage, they might argue for splitting it equally or getting credit for part of the equity in the property.

All of these complications could become costly. Part of expecting that a divorce is going to be hard is expecting that it will be financially hard. Start saving up as soon as you can and cut unnecessary spending until the divorce is finalized.

Don’t Expect Mediation to Fix Everything

In a rose-tinted world, mediation would always be the best route for two divorcing people. It certainly sounds like a more civil fix to the situation.

The problem is that mediation is sometimes too little, too late. The issues that are moving the marriage toward a divorce are already in motion.

Mediation, often seen as cheaper than hiring a lawyer, will still cost you something. If the mediation reaches an impasse, you might not have anything to show for the cost you spent on it.  It is always better to try to reach a divorce settlement without going to court, and that should always be attempted during any time during the process of divorce.

Don’t Expect That Representing Yourself Is Fine

While it’s possible to represent yourself in a divorce trial, better legal preparation always wins.

It’s rare that you’ll be able to represent yourself in your divorce case and not have any hiccups. Dotting your i’s and crossing your t’s is why divorce lawyers like Cravens & Noll are so helpful in these circumstances.

Plus, you can’t protect yourself alone when your spouse brings their lawyer to the table. By numbers alone, it becomes an unfair fight. It’s two against one.

Protect Yourself By Being Decisive

When divorce is inevitable, the sooner you hire a divorce attorney, the sooner you can protect yourself. A good divorce lawyer will advise you on the best next steps as you work through uncertainty and complications.

Without a lawyer, common sense choices could hurt you in the long run. If you discuss dividing property before the official process gets underway, the agreement might not be in your favor. You could think that you are smoothing everything out by being agreeable and reasonable. In reality, making any move before hiring a lawyer is likely to have unseen implications.

By being decisive and hiring a lawyer, you immediately tap into a knowledgeable advisor with a lot of experience. Unlike asking a divorced friend for helpful tips, an experienced divorce lawyer has worked on hundreds of cases. They’ve seen the good, the bad and the ugly and they know what you need to do to protect yourself.

Protect Yourself By Protecting Your Money

Being decisive sooner can also help you protect your finances.

Time to Save Up in a Personal Account

A separate bank account in your own name will allow you to start saving money for yourself. The switch from a joint bank account to separate bank accounts means that the money you have will be yours to afford everything related to the split. If you are still residing with your spouse, the funds may still be considered marital property.  However, if they are used for expenses such as lawyer fees, mental health counseling, private investigators, or regular and reasonable living expenses, a Judge most likely consider that reasonable expenses and you will not have to account for the expenses.  If you save separately after separation, the funds most likely will be considered separate property.  Whether it’s mediation fees, lawyer fees, or paperwork fees, having the financial strength to cover those costs yourself will protect you from being dependent on your spouse.

Savings in a personal account will also help you to survive changes in income. Your married income could be built on one primary breadwinner or dual incomes. The result would be the same. After the divorce, your income will change. It’s best to save up to cover whatever comes next.

Make a Budget for During and After the Divorce

You can protect your finances in a divorce with a budget. Although you can’t predict all of the expenses that could be associated with a divorce, there are some that you can. Start with what you know and check that you’ll be able to afford at least those. The more accurate you can budget for the cost of a divorce, the more financially stable you could be afterwards.

It’s also very helpful to know how much you’ll need to live on after the divorce. Start by looking back at your budgets for previous years. If you haven’t done one before, start tracking your expenses now.

Figuring out how much you need to live on is helpful in the divorce proceedings. You can protect yourself much better when you know how much money you’ll need to live on after the dust settles. If your spouse offers to cut a deal, you’ll have numbers to back up why it would or would not be something you can afford.

Pay Attention to Where Your Money Is Going

The final step in protecting your finances in a divorce is watching where your money is going. If you have a joint bank account, is your spouse spending money from it? Are they withdrawing funds without your knowledge?

Tracking your money is how you find and record how your spouse could be hurting your finances.

Know Virginia Divorce Laws (Hire an attorney who does)

The fourth and final tip for protecting yourself before a divorce is knowing what your state’s laws are.

Every state has its own laws surrounding divorce. Laws about the splitting of property could vary wildly from state to state. Minor points surrounding the complications of your unique situation could be handled differently than your divorced friend in another state.

Cravens & Noll is a family law firm in Virginia. We know Virginia divorce law. If you live in Virginia and you don’t know the laws about divorce, there’s no need to worry. We do. Give us a call and we’ll help protect you.

How Is Custody Determined In a Divorce

Going through a divorce is a stressful time for each parent, as both not only want what’s best for themselves, but also for their children. The custody decision can be the most emotional and hard-fought decision in the divorce process. While a child’s custody can be determined outside of court by the parents reaching an agreement, some parents may opt to go to court and have a judge decide custody if they can’t reach an agreement on their own.

In order to help make this decision process easier, we’ve created this post to list out what is decided in a court custody case and what factors into a judge’s decision when determining which parent has custody.

What Are the Types of Custody?

Before making any decision about your child’s custody, it’s important to understand the two types of custody. There’s legal and physical custody.

Determining Legal Custody for Children

Legal custody is a parent’s ability to make important decisions for a minor child. These include educational matters, medical issues, and the general welfare of the child. The court will decide to grant both parents joint legal custody or one parent sole legal custody.

With sole custody, the determined custodial parent is given those rights and responsibilities to decide for the child, while the other parent has no legal say on those issues.

With joint legal custody, which is often favored by courts, both parents have a say on important decisions for their child. However, if one parent is granted physical custody, a majority of the time that parent will be in a better position to make these decisions.  At Cravens & Noll, we inform our clients that with most educational or medical issues, parents are oftentimes  going to listen to the “experts.”  Experts in custody cases are generally doctors, teachers, therapists, etc.

Determining Physical Custody for Children

There’s also physical custody, which determines where the child primarily lives and how often the parents get to spend time with them. Just as the Judge will consider many factors within §124.3 of the Code of Virginia to determine physical custody (just as they will to determine legal custody).  This code section is called the “best interest of the child statute” which is explained in more detail below.

When physical custody is granted to one parent, the child primarily lives with that parent while the other parent is granted visitation with specific times to see the child.

Shared Custody

In some cases, the court will order both joint legal and joint physical custody.  This is considered shared custody.  It may be a “week on/ week off” schedule in which the child lives with each parent for a full week, and then switches to live with the other parent for a full week.  Sometimes the court will split the weekdays in half and then alternated the weekends.  The reason some courts order this is that in some cases the evidence shows that both parents have been significantly involved with the child, and the best interest of the child is to have both parents remain significantly involved with the child.

How Custody is Decided in Court

If the parents cannot agree on a “parenting plan”  and settle their case out of court, a judge will hear evidence to determine the best interest of the child.

When making a decision about a child’s custody, Virginia courts make their decision based on “the best interest of the child”, which is based on a number of factors.

• The Child’s Relationship With Each Parent: This is normally based on how often each parent spends time with the child, and can be used to determine who is the primary caretaker.
• The Parent’s Living Situation: This can range from how well each parent’s house is kept, to the distance each household is from important services like schools and doctors
• The Child’s Place in Their Current Community: If your child has well-established roots in their current situation, like a large friend group or obligations like a sports team or club, it can be difficult to argue that they’d have an easy time adjusting to a new community.
• Each Parent’s Physical, Emotional, and Mental Health: This factor can be greatly affected by the reason for the divorce if it’s based on adultery or abuse. It’s also affected by a parent’s history with their general health, be it physical, mental, or emotional.
• A Parent’s Ability to Cooperate With the Other Parent: If both parents can cooperate in court and reach civil agreements, this can make it easier to reach joint custody decisions, as you show the judge how both parties are willing to separate their differences to do what’s best for their child.
• The Child’s Own Wishes: This factor is based on the child’s age and if the court believes they are mature enough to speak for themselves.

No Two Cases Are Alike

While we’ve offered some general advice here, it’s important to note that there are no guarantees in a custody case or in a divorce case that involves child custody. Each case is unique, not only in the family’s situation but also in the judge and their own decision. It’s important to keep the child’s best interest in mind during the preceding. It’s also recommended that before discussing any decision with the other party, you should seek legal counsel.

The Cravens and Noll Family Law Practice Group specializes in family law cases and helping parents obtain either settlements or court orders that are best for their child. Contact us today to help with your divorce case.