February 24, 2026
How Virginia Law Determines ‘Best Interest’ in a Child Custody Case in Richmond, VA
By W. Allan Burns, Jr., Partner at Cravens & Noll, P.C.
If you’re going through a divorce or separation in Richmond and custody of your children is at stake, you’ve probably heard the phrase “best interest of the child” more times than you can count. But what does that actually mean? How do Virginia judges decide what’s truly best for your child when parents disagree?
I’ve represented parents in custody cases throughout Central Virginia for years. I’ve sat across from worried mothers and fathers who want nothing more than to protect their relationship with their children. The uncertainty of not knowing how a judge will decide is one of the most stressful experiences a parent can face. In this article, I’ll explain exactly how Virginia courts approach custody decisions and what you can do to present the strongest case possible.
Understanding Virginia’s Custody Framework
Virginia law recognizes two types of custody: legal custody (the right to make major decisions about education, healthcare, and religious upbringing) and physical custody (where your child lives and spends their time). Legal custody can be joint or sole. Physical custody can be defined as physical with mother, physical with father or shared.
The “best interest of the child” is the legal standard that guides every custody decision in Virginia. When parents can’t agree, a family court judge evaluates your family’s specific circumstances to determine what arrangement best supports your child’s wellbeing.
The Ten Statutory Factors Virginia Judges Must Consider
Virginia Code § 20-124.3 lays out ten specific factors that judges must consider when determining custody. These aren’t suggestions, their requirements. Let me walk you through each one.
1. The Age and Physical and Mental Condition of the Child
Judges evaluate your child’s specific needs based on their age and any physical or mental health considerations. A toddler has different needs than a teenager. The court examines whether each parent can realistically meet the child’s current needs, appropriate supervision, care, and support for their developmental stage.
2. The Age and Physical and Mental Condition of Each Parent
Your ability to physically and mentally care for your child matters. Judges assess whether you’re capable of providing day-to-day care. If you have health issues that limit your ability, that factors into the decision. Having a mental health condition doesn’t automatically disqualify you, what matters is whether you’re managing it appropriately and whether it affects your ability to parent safely.
3. The Relationship Between Each Parent and Each Child
The strength and quality of your relationship with your child is crucial. Judges want to know: Who has been the primary caregiver? Who helps with homework and attends doctor’s appointments? Who knows the child’s teachers, friends, and preferences?
This is where documentation matters. I tell my clients to save emails showing involvement, keep calendars of school events, and maintain records of day-to-day parenting. These details paint a picture a judge can understand.
4. The Needs of the Child
Every child has unique physical, emotional, educational, and social needs. The court examines which parent is better positioned to meet those specific needs. This also considers the child’s need for stability and continuity. Children thrive on routine, and courts are reluctant to disrupt established patterns that are working well.
5. The Role Each Parent Has Played in the Child’s Upbringing
This focuses on historical patterns. Who has been responsible for medical appointments, school communications, and extracurricular activities? In many families, one parent has taken on more day-to-day responsibilities. That doesn’t mean the other parent loves the child less, but courts recognize these patterns and often seek to maintain them, especially for younger children.
6. The Propensity of Each Parent to Support the Child’s Relationship with the Other Parent
This is one of the most important factors. Virginia courts strongly favor parents who encourage their child’s relationship with the other parent. If you speak negatively about your ex in front of your child, refuse to cooperate on scheduling, or make visitation difficult, judges notice, and they disapprove.
I’ve seen parents with otherwise strong cases lose custody because they couldn’t demonstrate willingness to co-parent effectively. The judge wants to see that you understand your child benefits from both parents, even if you personally dislike or distrust the other parent.
7. The Relative Willingness and Demonstrated Ability to Maintain a Close Relationship with the Child
This examines which parent is more likely to prioritize active involvement in the child’s life. It’s not enough to say you want custody, you need to demonstrate you’ll make your child a priority. For working parents, this might mean showing flexibility in your schedule or having backup childcare plans.
The court looks at your track record. When you’ve had parenting time in the past, how have you used it? Have you been reliable, engaged, and focused on your child?
8. The Reasonable Preference of the Child
Virginia law allows judges to consider a child’s preference, but this is nuanced. The weight given depends on the child’s age, maturity, and reasons for the preference. Courts give more weight to older children’s preferences, particularly teenagers. A 15-year-old’s well-reasoned preference carries more weight than a 7-year-old’s desire to live where there are fewer rules.
I always caution parents against putting children in the middle. Encouraging your child to “tell the judge” they want to live with you can backfire badly. Judges can usually tell when a child has been coached, and it reflects poorly on the parent who did it.
In some cases, judges may appoint a guardian ad litem, an attorney who represents the child’s interests, especially in high conflict cases.
9. Any History of Family Abuse
This is the most serious factor and can be dispositive. Virginia law defines family abuse as any act involving violence, force, or threat that results in bodily injury or places someone in reasonable apprehension of death, sexual assault, or bodily injury.
If there’s credible evidence of family abuse, whether directed at the child or the other parent, it dramatically impacts custody. A protective order, police reports, medical records, or witness testimony all serve as evidence. In cases involving domestic violence, Virginia law presumes it’s not in the child’s best interest for the abusive parent to have custody. This presumption can be overcome, but it requires clear and convincing evidence, an extremely high bar.
If you’ve been a victim, document everything. Keep copies of protective orders, medical records, police reports, text messages, and emails. If you’re accused of abuse, take it seriously and get legal help immediately. You need an experienced Richmond family law attorney to protect your parental rights.
10. Other Factors Necessary to Consider
This catch-all allows judges to consider anything else relevant that doesn’t fit the other nine categories, including:
- Work schedules and childcare arrangements
- Proximity of each parent’s home to school and activities
- The child’s connection to neighborhood, school, and friends
- Extended family relationships and support systems
- Stability of each parent’s home environment
- Ability to communicate and cooperate
I’ve seen judges consider everything from which parent takes the child to church (when religion is important) to which parent has family nearby to help with childcare to whether one of the parents is a smoker.
How Richmond Judges Apply These Factors
Understanding the factors is one thing; understanding how family court judges apply them is another. Judges don’t use a scorecard where each factor gets equal weight. They look at the totality of circumstances and use these factors as a framework.
Some factors carry more weight depending on your situation. If there’s domestic violence, that overshadows others. Judges also heavily weigh consistency and stability; children generally do better with predictable routines and minimal disruption.
What You Can Do to Strengthen Your Custody Case in Richmond
If you’re facing a custody dispute, here are concrete steps to show the court you’re acting in your child’s best interest:
Be involved and document it. Attend school events, medical appointments, and activities. Save emails, maintain calendars, take photos. When it comes time to show the judge your relationship with your child, you’ll want written evidence.
Maintain stability. If possible, stay in the same neighborhood. Keep your child in the same school and activities. Courts value continuity.
Support the other parent’s relationship. Facilitate visitation, speak respectfully about your ex (at least in front of your child), and show the court co-parenting is about your child’s needs, not your feelings.
Address personal issues proactively. If you’re dealing with mental health concerns, substance abuse, or other challenges, get help. This demonstrates responsibility and commitment to being the best parent possible.
Create a realistic parenting plan. Consider your work schedule and practical logistics. A plan that looks good on paper but won’t work and won’t impress the judge.
Keep detailed records of concerns. If you have legitimate safety concerns, document them. Save concerning texts, document missed visitations, keep a factual journal. But be careful documentation should be relevant, not petty grievances.
Work with an experienced attorney. Custody cases are complex and have high stakes. You need someone who knows how Richmond judges approach these cases and how to present your case effectively.
Protecting Your Relationship with Your Child
In my years practicing family law in Richmond, I’ve learned that custody cases are rarely about “winning”, they’re about finding an arrangement that truly serves your child’s best interest while protecting your relationship with them. The parents who fare best are those who show the court they’re focused on their child’s needs, not on defeating the other parent.
At Cravens & Noll, we’ve helped countless Central Virginia families navigate custody disputes with sensitivity and skill. We understand the fear and uncertainty you’re feeling. We know how much is at stake. And we’re committed to fighting for an outcome that protects your child’s wellbeing and your parental rights.
Every custody case is unique. Virginia’s best interest factors provide a framework, but how they apply to your specific family depends on the details of your situation. The decisions you make now, how you communicate with your ex, how you document your parenting, how you present yourself to the court, can have lasting consequences.
If you’re facing a custody dispute in Richmond or anywhere in Central Virginia, don’t navigate it alone. Contact Cravens & Noll today to schedule a consultation. We’ll review your situation, explain how Virginia’s custody laws apply to your family, and develop a strategy that puts your child first.
Call us at 804-330-9220 or reach out online.
Your child’s future, and your role in it, is too important to leave to chance.
Let us be your lawyers for life and guide you through this challenging time with the experience, compassion, and advocacy you deserve.
Allan Burns is a University of Richmond Law School alum. He excels in the areas of family law, bankruptcy, business law and personal injury.
February 11, 2026
Top 5 Qualities to Look for in a Richmond Family Law Attorney
By David Noll, Managing Attorney, Cravens & Noll, P.C.
When you’re facing a divorce, custody battle, or any family law matter, choosing the right attorney can feel overwhelming. You’re already dealing with one of the most stressful situations of your life. I’ve practiced family law in Richmond for decades, and I’ve seen how the right attorney makes all the difference in both your case outcome and emotional wellbeing.
Most people don’t have a family law attorney on speed dial. When you need one, you’re often in crisis mode. Maybe your spouse just said they want a divorce. Maybe you’re worried about losing time with your children. Maybe you’re trying to protect assets you worked years to build.
Here are the five most important qualities to look for when choosing a family law attorney in Richmond, based on what I’ve learned from handling thousands of divorce, custody, and family law cases across Virginia.
1. Deep Experience with Virginia Family Law
This might seem obvious, but it’s worth stating clearly: Virginia family law has its own unique rules, procedures, and nuances. An attorney who practices in multiple states or is new to family law in Virginia may not have the depth of knowledge you need.
Why Virginia Specific Experience Matters
Virginia has unique divorce requirements. For uncontested divorce, you must be separated for at least one year – or six months if you have no minor children and a signed separation agreement. Virginia doesn’t recognize legal separation like some states, and proving separation while living under the same roof becomes complicated.
Virginia follows equitable distribution for dividing marital property, but “equitable” doesn’t necessarily mean “equal.” Courts consider multiple factors including each spouse’s contributions, earning capacity, and circumstances leading to divorce. A Richmond family law attorney who knows how local judges tend to rule has a significant advantage.
For custody, Virginia courts focus on the best interests of the child. Richmond judges in Henrico Circuit Court, Chesterfield Circuit Court, and Richmond City Circuit Court each have their own tendencies. Local experience matters.
What to Ask About Experience
Don’t be shy about asking direct questions:
- How many years have you practiced family law in Virginia?
- How many cases like mine have you handled in Richmond area courts?
- Are you familiar with the judges who might hear my case?
A confident, experienced attorney will answer these questions directly and help you understand what realistic outcomes look like based on their experience with similar cases.
2. Strong Communication Skills and Accessibility
Family law cases can drag on for months or even years. During that time, you’ll have questions. You’ll need updates. You’ll want to understand what’s happening and why. An attorney who doesn’t communicate well or who’s impossible to reach will leave you feeling anxious and in the dark.
What Good Communication Looks Like
At Cravens & Noll, we believe you deserve to speak directly with your attorney, not just a paralegal or assistant. When you call with questions about your divorce or custody case, you should get answers from the person who knows your case intimately.
Good communication also means explaining things as simply as possible. Family law has its own vocabulary – terms like “pendente lite,” “equitable distribution,” and “material change in circumstances.” Your attorney should translate this legal jargon into language you actually understand.
Since I have been practicing family law for almost 30 years, the process and terminology is second hand to me at this point. However, I am always aware and explain the process to my clients in a way that is understandable to someone who has no experience in these types of matters. Communication is also about managing expectations honestly. I don’t tell clients what they want to hear – I tell them the truth about their case, even when it’s difficult. If your spouse has a strong custody argument, you need to know that upfront so we can address it strategically. If your proposed settlement isn’t realistic given Virginia law, I’ll be honest about that too.
Red Flags in Communication
Watch out for attorneys who:
- Take days or weeks to return phone calls or emails
- Only communicate through staff
- Use legal jargon without explaining what it means
- Make promises that sound too good to be true
- Rush you off the phone or seem annoyed by questions
During your initial consultation, pay attention to how the attorney communicates. Do they listen to your concerns? Do they answer your questions directly? Do you feel heard and understood? These first impressions are important.
3. Genuine Empathy and Understanding
Family law isn’t like other areas of law. I’m walking with people through some of the most painful moments of their lives – the end of a marriage, fighting for time with children, navigating grief, anger, and fear that come with major family transitions.
You’re not just a case number. You’re a person going through an incredibly difficult time. I’ve sat across from clients who could barely speak through tears. I’ve had clients so angry they were shaking. I’ve talked with parents terrified they’ll lose their relationship with their children.
Empathy doesn’t mean I won’t be direct or that I’ll let emotions drive bad decisions. It means I recognize that behind every family law case is a human story involving children, broken trust, financial anxiety, and an uncertain future.
At Cravens and Noll, it is baked into our DNA to provide both emotional support and objective legal guidance. Yes, I understand you’re angry at your spouse. But I also need to help you make rational decisions about custody and finances rather than letting anger drive choices you’ll regret later. A good family divorce lawyer Richmond families trust acknowledges your emotions while helping you focus on achieving the best possible outcome for your future.
4. Willingness to Fight When Necessary (But Also to Negotiate)
Not all family law cases need to be contentious courtroom battles. The best outcomes often come through negotiation and settlement. But you also need an attorney who isn’t afraid to go to trial when necessary.
Many divorces can be resolved through negotiation or mediation. This approach is usually faster, less expensive, less emotionally draining, better for children, and gives you more control over the outcome. We always explore settlement options first.
But sometimes, negotiation won’t produce a fair result. If your spouse is hiding assets, trying to unfairly limit your custody time, or making unreasonable demands, then you need an attorney prepared to fight in court. I’ve tried numerous family law cases in Richmond area courts and I’m ready when clients need me to fight. Opposing counsel knows it – which helps during negotiations.
Ask potential attorneys about their settlement rate versus trial rate, how they decide when trial is necessary, and their track record. You want an attorney who can negotiate skillfully when possible and litigate effectively when necessary.
5. A Multi-Practice Firm That Sees the Bigger Picture
This is something people often overlook when choosing a divorce attorney Richmond, but it can make a huge difference: does your attorney practice only family law, or do they work with a firm that handles multiple practice areas?
Why Multi-Practice Matters
Real life is messy. Family law issues rarely exist in isolation. Consider these common scenarios:
Divorce and Financial Stress – Going through a divorce is expensive. You might suddenly be facing debt you can’t manage on one income. If your divorce attorney works with bankruptcy attorneys, they can identify these issues early and help you plan strategically. At Cravens & Noll, our family law attorneys collaborate with our bankruptcy team to give clients a complete picture of their options.
Custody and Estate Planning – If you’re going through a custody battle, you should also be updating your will, powers of attorney, and beneficiary designations. Having access to estate planning attorneys within the same firm makes this seamless.
Divorce and Criminal Charges – Unfortunately, some divorces escalate to protective orders or criminal charges. If your firm also handles criminal defense, you have immediate access to that expertise without starting over with a new attorney.
Property Division and Real Estate – Complex property division might require real estate transactions, business valuations, or understanding of tax implications. A multi-practice firm has resources to consult across specialties.
Your Lawyers for Life
At Cravens & Noll, we’ve built our practice around the philosophy of being “Your Lawyers for Life.” We don’t want to just handle your divorce – we want to be the firm you call when any legal issue arises, now or in the future.
Maybe today you need a divorce lawyer. Three years from now, you might need help with a custody modification because your ex wants to relocate. Five years down the road, you’re remarrying and need a prenuptial agreement. Ten years from now, you’re ready to buy a new home or start a business. We’re here for all of it.
This continuity matters because we already know you, your history, and your goals. You’re not explaining your situation to a stranger every time you have a legal need. We’ve been serving Richmond families for over three decades with this comprehensive approach, and our clients tell us it makes a real difference.
Making Your Decision
Choosing a family law attorney is one of the most important decisions you’ll make during your divorce or custody case. Take time to meet with a few attorneys before deciding. Use that opportunity to evaluate whether they have these five essential qualities.
Pay attention to whether you feel heard, they explain things clearly, have specific experience with cases like yours, are honest about challenges, and whether you feel confident in their representation.
Trust your instincts, but also do your homework. Check reviews, verify credentials, and ask direct questions about experience and approach.
Why Clients Choose Cravens & Noll
I’m proud to be part of a firm that embodies all five qualities. Our family law team has decades of combined experience in Virginia courts. We’re accessible. We approach every case with empathy while providing objective legal strategy. We negotiate skillfully but aren’t afraid to fight when necessary. And our multi-practice approach means we see the complete picture of your legal needs.
We’ve helped thousands of families navigate divorce, custody, support disputes, and other family law matters across Richmond and Central Virginia. Our clients come back years later for other legal needs and refer friends and family because they know we care.
If you’re facing a family law issue, call us for a consultation. Let’s talk about your situation and goals. I’ll give you an honest assessment with no obligation or pressure.
At Cravens & Noll, we’re your lawyers for life.
David is a partner with Cravens & Noll and has been representing Virginians for over two decades, and is proud to have been awarded The Best Attorney in Richmond by the Richmond Times-Dispatch. His practice includes all matters regarding civil litigation including all family law matters, personal injury, and business law matters. Additionally, he represents individuals and families in the area of consumer bankruptcy.
David’s primary focus is working directly with his clients in order to strongly advocate the best possible result. He ensures that all attorneys at the firm follow the mission to be easily accessible to clients.
David and his family reside in Henrico County. When not working with his clients, David enjoys spending time with his family, running and training for half and full marathons, and as much time at the beach surfing with his children.
October 22, 2025
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 in Powhatan (or anywhere) 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 Powhatan and the full Richmond, Virginia area:
- 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 in Powhatan (or in the Richmond area) 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 in Powhatan (or whatever area you are in), 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!
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
October 8, 2025
What Are The Stages of Separation in Divorce
Understanding The Stages of Separation in Midlothian with Cravens & Noll
In Virginia, a no-fault divorce requires you to be separated from your spouse for at least one year. However, if you have a signed agreement and no minor children together, this period can be reduced to six months in your separation in Midlothian (and across Virginia).
During this phase, your marriage may feel like it’s in limbo. You might be uncertain about what is or isn’t allowed—both in your interactions with your spouse and in the dating world.
In some Virginia courts, legal separation doesn’t necessarily mean living under separate roofs. If you meet the standards for “in-home” separation, it may be considered valid. This typically requires physical separation—such as living in separate rooms or separate residences—and a clear intent to divorce. Proving separation while living under the same roof can be challenging, especially if you have children.
In practical terms, in-home separation means minimizing interactions that characterize a marital relationship. You and your spouse should no longer cook for each other, do each other’s laundry, or maintain joint bank accounts.
Despite the challenges of this period, there is a silver lining. The transition allows you and your spouse to emotionally process the end of your marriage, helping you navigate the stages of separation with greater clarity.
Like any significant loss, the end of a relationship involves a grieving process. The widely recognized five stages of grief, introduced by Elisabeth Kübler-Ross in her 1969 book On Death and Dying, apply to divorce as well. While everyone moves through these stages differently, most experience them in some form and order.
Denial: Struggling to Accept Finality
In the denial stage, you may find it difficult to accept that your marriage is truly ending. This is a natural response and part of making peace with your inner optimist. However, prolonged denial can be problematic if it leads you to rationalize the issues that led to the divorce in the first place.
Moving past denial means reaching certainty about your decision. You’ll be ready for the next stage once you fully accept that ending the relationship is the best course of action.
Anger: Struggling to Accept Peace
Once denial fades, anger often follows. Accepting that the divorce is happening may lead to frustration—whether at your spouse, yourself, or the circumstances that led you here. While these emotions may seem negative, they are a natural part of the process.
Acknowledging your anger without letting it consume you is key. Suppressing it can make the next stage—bargaining—even more challenging.
Bargaining: Struggling to Accept True Justice
Bargaining often arises as an attempt to find relief from the emotional discomfort of separation. You may entertain thoughts of reconciliation or be tempted to compromise your rights regarding custody, finances, or personal well-being.
It’s important to remember that, in Virginia, the separation period must be marked by an intent to divorce. If you waver in this commitment, it could impact your legal standing or lead to decisions that are not in your best interest. Reaffirming your certainty from the denial stage can help you navigate this phase wisely.
Depression: Struggling with Feeling Trapped
When bargaining fails to bring resolution, feelings of sadness or hopelessness can take hold. Recognizing that there’s no easy way to undo the separation in Midlothian can be disheartening, leading to a sense of entrapment.
While feeling down is normal, prolonged depression can affect your well-being. If it begins to impact your quality of life or leads to thoughts of self-harm, seek professional support. Divorce is challenging, but help is available, and you don’t have to face it alone.
Acceptance: Hope for Your Post-Divorce Future
Few people bypass the earlier stages and jump straight to acceptance. It takes time to fully process the emotional weight of a divorce. However, reaching acceptance is a powerful milestone. It enables you to move forward with clarity, free from resentment, self-doubt, or unnecessary compromises.
From a legal standpoint, approaching divorce proceedings from a place of acceptance positions you for the best possible outcome. Our team of experienced divorce lawyers serving Richmond, Chesterfield, and Harrisonburg, Virginia, is here to support you in securing a fair and favorable post-divorce arrangement.
If you have questions about divorce in Virginia, explore our website or contact us for more information.
Cravens & Noll – Your Lawyers For Life
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
September 24, 2025
How Do I Know What Type of Family Law Attorney I Need in Powhatan?
When you think of family law, what kind of cases do you think this covers? Divorce? Child custody? Family Law covers a fairly wide net of legal issues revolving around familial disputes. While divorce and child custody cases are the most common in Powhatan, this branch of the law also includes adoption, marriage contracts and guardianships. Because family law in Powhatan (and everywhere) is so diverse, you need to make sure you pick the right attorney for your case. In this blog post, we’ll explain why certain cases require specialized attorneys and the skills necessary to help you and your family.
1. Divorce Attorney in Powhatan
Going through a divorce can be a painful and stressful time. That’s why it’s important to have a lawyer who specializes in the field.
A good divorce lawyer is someone who fights for the best interests of yourself and your family. They have a deep understanding of marriage contracts and how to best navigate the court proceedings. Divorce can include the issues of property, retirement, spousal support, as well as child custody and child support.
You should also feel comfortable with your divorce lawyer. They will be a close confidant during the case and you need to be able to tell them personal details about your life and marriage.
2. Child Custody Attorney
Similar to a divorce lawyer, a child custody attorney fights for what’s best for your child and the family. They help develop a parenting plan that is in the child’s best interest and works to resolve any disputes between the parents. Custody lawyers deal with issues of where the child primarily lives, visitation issues, as well as child support and serves as a main sector of family law in Powhatan and beyond.
Usually, your divorce lawyer will also cover your child custody case. Because of this, it’s even more important to choose a lawyer that you are comfortable with. They need to be able to speak with and understand your children while being respectful towards them.
3. Marriage and Civil Union Attorney
Marriage is well known for its beautiful outfits and romantic displays. What is less well known are the legal contracts tied to the ceremony.
When you are married, you are creating a contract between yourself, your spouse and the state. This contract determines your joint ownership of both your property and your debts. Marriage also offers you federal protections. An attorney can work with you on a pre-marital agreement, also known as a pre-nuptial agreement. The attorney can also work with you after the marriage starts with a post-marital agreement. These two agreements involve how separate and joint property will be handled in the event of a divorce, as well as other financial issues like spousal support.
A civil union, on the other hand, is a legal relationship that does not offer federal protections and isn’t recognized by every state including Virginia.
This is where a marriage attorney comes in handy.
An attorney can help you and your spouse reach an agreement on these contracts. You both can make sure you understand your division of property before the marriage, during the marriage, and, in the unfortunate event of a divorce, after the marriage.
4. Domestic and Child Abuse Attorney in Powhatan
Domestic and child abuse is not to be taken lightly, which is why you need a lawyer who knows how to navigate these sensitive cases. While these issues can be a part of divorce or custody cases, abuse is an entirely separate issue that can be decided and defended in court.
Whether you’re trying to escape an abusive situation or being falsely accused of abuse, you need a qualified attorney on your side. An attorney can help you file a restraining order known as an Order of Protection to help ensure you or your child’s safety.
5. Adoption and Guardianship Attorney
If you’re trying to adopt or put a child up for adoption, there are some legal barriers you have to understand. These include legal documentation and finding the right adoption agency.
These proceedings can become more complex when dealing with guardianship. For instance, guardianship cases become more difficult to navigate if you’re a guardian for someone with developmental issues. If the person is an adult or under another person’s guardianship, there are additional steps to take.
In both cases, it’s important to have an attorney with years of experience on your side to help you navigate through the legal proceedings. From signing the proper documents to understanding how to argue in court, a lawyer is helpful every step of this process.
Find Your Family Law Powhatan Attorneys at Cravens & Noll
It’s important to find a family law lawyer that meets your specific needs, but those needs can go beyond the court. Your lawyer should be easy to talk to and one who can explain the legal side of cases to you. You should feel comfortable speaking to them about sensitive issues, especially in cases of divorce or abuse.
You need a lawyer who is reliable and responsible, someone who will be there to answer all your questions and help you when needed.
Cravens & Noll attorneys have decades of experience in Virginia family law and always put their client’s interests first. If you’re in need of a family attorney in Richmond and surrounding areas, schedule a consultation with us.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
September 10, 2025
What Should Be Included in a Divorce Settlement
Getting a divorce can be a long and difficult process. Emotions are high as you end what you thought would last forever. One of the most contested yet important parts of a divorce is writing up the divorce settlement agreement. This process involves sitting down with your ex-spouse and determining how you both will split your assets. Reaching an agreement can be stressful, especially if the other party is uncooperative or you go in without a plan. You may not fully understand what should be included in the agreement. While there are plenty of assets that need to be split between a divorced couple, there are some common items that every agreement should include. This post will help to dispel any general questions or concerns you might have about creating a divorce settlement agreement in Midlothian.
How A Divorce Attorney Can Help You
A lawyer argues for your best interests. These agreements can be made before or after you officially separate, but it’s recommended that you complete the agreements.
This helps the divorce process go smoothly, helping you avoid any extra lawyer fees or complications in court.
It’s recommended that you hire a family law attorney to advise you during the agreement proceedings. Your attorney will fight for your rights and help both you and your spouse reach a compromise on certain points.
How Does a Divorce Settlement Work?
When you and your spouse decide to separate, you both need to determine who gets what assets and, if with children, how you both plan to support them.
The point of a divorce settlement agreement is to put these plans in writing to make them legally binding.
Every marriage is different, meaning your separation in Midlothian isn’t going to look like anyone else’s. While there are common elements of each divorce settlement, like splitting assets and determining child support, you should consider what you both want, specifically.
Begin By Gathering Necessary Documentation
You should gather as much documentation or information as it relates to salaries over the past several years, values of investments, amounts of debt, and values of real estate, and tax returns. You do not have to have every document before meeting with an attorney, but it is helpful to begin the drafting of a divorce agreement if you have this information.
Be as Detailed as Possible in Your Agreement
When starting your divorce agreement in Midlothian, it’s important to include as much relevant information as possible.
This information helps the court to understand the conditions of your marriage and separation.
While you should consult with an attorney to make sure you don’t leave anything out, here are some standard pieces of information to include:
- Date of your marriage
- Date of your separation
- Why you’re getting divorced
- If you have any, the names and ages of your children
- Your current living arrangements and addresses
Find and Divide Your Assets
This is when tensions begin to rise in a divorce proceeding. It’s important to fairly divide the assets between each spouse. These assets include any properties or debts shared by the spouses.
This can include cars or houses, along with their respective loans and payments. This is where having an attorney comes in handy.
They will:
- Protect your best interests during these proceedings
- Help you both figure out all of your assets
- Help you accurately divide them.
As you both figure out how to split your shared assets, it’s important to compromise on certain items and stay steadfast on others.
Deciding Child Custody
Child custody is probably the most contested agreement in any divorce.
Deciding child custody and creating a parenting plan are emotionally charged discussions between two spouses. You both love your children and want what’s best for them.
Be sure to figure out the plan that’s best for them, not yourselves.
You can choose between one parent having sole and physical custody, joint legal custody with one parent have primary custody, shared legal and physical custody, and split custody
Sole custody:
- One parent is the physical custodian and decision maker, while the other is given reasonable access to the child for visitation
Joint Legal Custody:
- Both parents have equal say for important decisions, one parent has physical custody and the other parent has visitation.
Shared Custody:
- Both parents share equally say for important decisions, and both parents have significant time with the child/children.
- Does not have to be 50/50, it can be that one parent has weekends during school and equal time during the summer. The custodial time can vary depending on the parent’s schedules and the best interest of the children.
- If both parents can work reasonably well together, this is often times the best for the children.
Split custody:
- Is fairly rare
- It involves one parent being responsible for one child, while the other is responsible for another child.
- This plan is usually only used in special circumstances, like if there are many children or if the child is old enough to make their own decisions.
Agreeing on Child and Spousal Support in Virginia
When determining how much should be paid towards child support, the amount is based on what state you’re in.
Virginia has a calculator to determine how much child support one may have to pay depending on incomes, health insurance and daycare costs.
Spousal support is much more difficult to determine. This is often times the most difficult issue to negotiate and settle in a divorce agreement.
While you cannot keep a child from receiving support, you can waive your spousal support, also known as alimony.
Double Check Everything In The Settlement
Before you turn in your divorce settlement, make sure you double check everything in the document.
Make sure all of your spelling and grammar is correct and that both you and your spouse agree on the terms.
This is one of the most important steps of the divorce process. Once the agreement is legally binding, it is what the legal system will refer to when issues with your separation are brought forward.
Divorce Agreement Attorney
Deciding your divorce settlement agreement in Midlothian can be stressful and time-consuming. That’s why you need an attorney you can trust to fight for your best interests.
The divorce attorneys at Cravens and Noll have years of experience in handling all parts of a separation case.
Contact us to schedule a consultation so we can help you during this difficult moment in your life.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
February 16, 2021
What Evidence Do You Need to Prove Adultery in Virginia
20-40% of marriages end because of adultery in the United States. According to a study released in 2018 by the Institute for Family Studies, 20% of married men and 13% of married women have admitted to having intercourse with someone besides their spouse.
While adultery may not be as common as media and popular culture makes it out to be, it is still devastating if you find out your spouse is seeing someone else behind your back. In Virginia, adultery is a “fault” grounds for divorce and can be used to start your divorce proceedings immediately.
Before you start driving to the courthouse, it is important to have evidence before beginning your divorce proceedings. Virginia requires a lot of evidence for adultery, and your case for adultery may not be successful if you do not have the evidence the court requires.
If you believe your spouse is cheating on you, make sure to be prepared before filing for divorce.
How Adultery is Defined in Virginia
Every state has their laws and definitions of adultery. In Virginia, adultery is defined by the law as “Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery.”
Under this law, adultery is considered a Class 4 misdemeanor, making it a criminal act. While most spouses accused of adultery do not receive criminal charges during divorce proceedings, this still shows how seriously adultery is taken in Virginia courts.
While adultery is a serious charge, it also requires serious evidence to use as the basis for your divorce. The state requires “clear and convincing” evidence to grant a divorce under these grounds. This means you need substantial proof that your spouse has had sexual intercourse with another person.
What Evidence Do You Need?
While adultery is a serious charge, it also requires serious evidence to use as the basis for your divorce. The state requires “clear and convincing” evidence to grant a divorce under these grounds.
On top of this, the accused spouse can invoke their Fifth Amendment right and refuse to give any self-incriminating evidence to the court. This means you need substantial proof that your spouse has had sexual intercourse with another person.
The key is to prove that the spouse did act on their infidelity and did not just plan it. While you can use as much incriminating evidence as you want, only a few can serve as the backbone of your divorce case.
- Confession: One form of proof is a confession from the spouse that committed adultery. If you have a voice message, text, or email from them admitting to the infidelity, this can form the core of your argument.
- Corroboration: Virginia requires corroboration of evidence in a divorce proceeding. This means you need a piece of evidence or testimony from a source outside the marriage. Most people resort to a private investigator to gather testimony and photographic evidence.
- Incriminating messages: Access to emails or text messages between your spouse and the other person can only strengthen your argument. While talking about a romantic dinner or planning to visit a hotel are not evidence that anything happened, they can back up the more definitive pieces of evidence.
These are common examples of evidence used in adultery divorce cases. It is important to speak with an experienced family law attorney before building your case and gathering evidence. This attorney can help you gather the best evidence for your case and build the strongest argument possible.
Common Defense for Adultery Charges
No matter how strong your evidence is, it is important to note that the accused spouse can defend adultery accusations in a few ways. There are in fact 4 ways the accused spouse can defend themselves in court when accused of adultery.
- Condonation: If a spouse finds out about the adultery and decides to continue the relationship, that’s condonation. Essentially, if you find out that your spouse has cheated and decide to stay with them, you cannot use adultery as grounds for divorce.
- Connivance/Procurement: One defense is if the “innocent” spouse encourages and facilitates the affair. So, if you intentionally planned or encouraged the infidelity, then adultery cannot be used in your divorce case.
- Recrimination: If both spouses are cheating, and the accused can prove it, then your adultery argument can be thrown out. Of course, the other spouse has the same challenges as you to prove adultery, so this defense is equally difficult to use.
- Time-barred: Adultery has a 5-year statute of limitations in Virginia. So, if the infidelity occurred more than 5 years ago, you cannot use it as the basis for a divorce.
It is important to consider every side of your specific situation and take note if your spouse could use these defenses against you.
Defend Yourself with Experience
As you have seen, adultery is not only a serious offense under Virginia law, but it also requires plenty of clear and decisive evidence to prove in a divorce case. Worst of all, the accused spouse has many avenues to use to defend themselves from the accusation, which can ruin your case in an instant.
Because the proceedings can be so sensitive, it is important to have an experienced family attorney on your side. They can use their expertise to create a case based on your specific situation, advising you on what evidence to gather and what steps to take to give yourself a fighting chance in court.
If you are looking for an accomplished and knowledgeable family law attorney, look no further than Cravens and Noll.
Our family law attorneys care about your family getting the compensation and safety it deserves and will work with you to reach the best possible outcome. They can call on decades of experience to offer you the best legal defense.
Schedule a consultation to begin building your divorce case.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
August 18, 2020
What Are My Rights If I Have Full Custody
Legal custody is your right to make major decisions for your child. The decisions usually covered under the umbrella of custody include big life choices for your child such as religion, education, and healthcare choices. With legal custody over your children, you can make choices that have a big impact on their future.
Virginia law dictates that courts should assure, where appropriate, that both parents maintain contact with their children and play an active role in raising them. This means the courts will always favor a joint legal custody arrangement. Legal custody is shared between both parents so they can both raise their children.
However, every situation is unique and not every parent can have full custody over their children. In rare instances, the court will recommend sole custody for one of the parents.
To acquire sole custody in Virginia, your family lawyer needs to persuade the court that the other parent is unable to care for the child or poses a risk to them.
If you are at the point where you think that this step is necessary, it could be helpful to know what your rights are if you do have sole custody.
Differences in Types of Custody
As we’ve covered in a previous article about how custody is determined, there is a difference between legal custody and physical custody.
Legal custody is a parent’s ability to make important decisions for a minor. These include educational matters, medical issues, and the general welfare of the child.
Physical custody determines where the child primarily lives and how often a parent gets to spend time with them.
My Rights with Sole Legal Custody
If you have sole legal custody over your children, you can make all major decisions about them without consulting the other parent.
Sole legal custody may be right for your situation if:
- Sole legal custody benefits the child
- The other parent is unfit to make legal decisions about your child
- It’s more practical for only one of the parents to make decisions for the child
With sole legal custody, you have the decision-making rights for your child. You’ll get to decide who sees the child. You also make decisions about visitation rights for the other parent where you decide the length of time the other parent can spend with your children. You can enroll your child in a school of your choosing and take them for medical treatment where you choose.
Start the Conversation
For additional details about your rights when you have full custody, talk to a family lawyer in Virginia. Cravens & Noll is available by phone at 804-208-0934 to set up an appointment when you can discuss your situation further.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
May 28, 2020
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.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
April 28, 2020
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!
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.