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Father and toddler walking on a beach at sunset, representing parental fitness in Virginia custody cases

What Makes a Parent Unfit in a Virginia Custody Case?

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Parents in custody disputes often ask how to prove the other parent is unfit, or worry about being called unfit themselves. In a case between two parents, Virginia judges are not really handing out that label. They are deciding what arrangement serves the child’s best interests – and serious concerns about a parent weigh heavily in that decision. Conduct That Carries Real Weight A history of family abuse, or abuse or neglect of a child. Substance abuse that affects a… Read More »What Makes a Parent Unfit in a Virginia Custody Case?

Lady Justice statue and gavel, representing a pendente lite hearing in a Virginia divorce

What Is a Pendente Lite Hearing in a Virginia Divorce?

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A contested divorce can take a year or more. Bills still come due, children still need a schedule, and someone has to live in the house in the meantime. A pendente lite hearing is how Virginia courts set the ground rules while the case is pending. What Pendente Lite Means The phrase is Latin for pending the litigation. Under Virginia Code § 20-103, a judge can enter temporary orders that stay in place until the final decree or until the… Read More »What Is a Pendente Lite Hearing in a Virginia Divorce?

Person signing a document at a desk, representing mistakes to avoid in a Virginia divorce

7 Mistakes to Avoid in a Virginia Divorce

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Most of the damage we see in divorce cases is self-inflicted, and most of it happens in the first few months, before a person has talked with a lawyer. These are the mistakes that come up again and again in Roanoke and Salem, and every one of them is avoidable. 1. Making Big Moves Before Getting Advice Moving out, emptying an account, or changing the locks can each have legal consequences for custody, support, and property. Get advice first, then… Read More »7 Mistakes to Avoid in a Virginia Divorce

Wooden gavel on a marble surface, representing attorney fee awards in a Virginia divorce

Can My Spouse Be Ordered to Pay My Attorney Fees in a Virginia Divorce?

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For the spouse who earns less, or who has not had access to the family finances, the cost of a lawyer can feel like a barrier to getting divorced at all. Virginia law recognizes the problem. A court can order one spouse to contribute to the other’s attorney fees – but it is discretionary, and it helps to understand how judges decide. The Starting Point The default in Virginia, as in most states, is that each side pays its own… Read More »Can My Spouse Be Ordered to Pay My Attorney Fees in a Virginia Divorce?

Stack of case file binders, representing changing divorce lawyers during a Virginia case

Can I Change Divorce Lawyers in the Middle of My Case?

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Yes. You have the right to end the relationship with your lawyer and hire a new one at any point in a Virginia divorce. People do it more often than you might think. The real questions are whether you should, and how to do it without hurting your case. Good Reasons to Make a Change Calls and emails go unanswered for days or weeks. You cannot get a clear explanation of the strategy. Deadlines have been missed or you arrive… Read More »Can I Change Divorce Lawyers in the Middle of My Case?

Clients meeting with a lawyer at a table, representing hiring a local divorce lawyer in Roanoke or Salem VA

Should I Hire a Local Divorce Lawyer in Roanoke or Salem?

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Search for a divorce lawyer and you will see firms from across Virginia advertising in the Roanoke Valley. Any Virginia-licensed attorney can file your case here. The question is whether it matters that your lawyer actually practices here. In most cases, it does. Three Courthouses, Three Sets of Habits Divorces are filed in circuit court, and the Roanoke Valley has three: Roanoke City, Roanoke County, whose courthouse sits in Salem, and the City of Salem. Custody and support matters often… Read More »Should I Hire a Local Divorce Lawyer in Roanoke or Salem?

Parents walking with a child between them, representing emergency custody matters in Roanoke VA

Emergency Custody in Roanoke, VA: When and How to Ask the Court to Act Fast

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Most custody cases move at the pace of the court’s docket. Sometimes a child cannot wait that long. When there is a genuine emergency, Virginia courts have ways to act quickly – but the bar is high, and how you ask matters. If a child is in immediate danger, call 911 first. What Counts as an Emergency Judges reserve emergency relief for a real and immediate risk to a child’s safety: physical or sexual abuse, serious neglect, a parent caring… Read More »Emergency Custody in Roanoke, VA: When and How to Ask the Court to Act Fast

Mother hugging her young son, representing how Virginia courts decide custody between parents

Do Virginia Courts Favor Mothers in Custody Cases?

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It is one of the most common questions we hear from parents in Roanoke and Salem, and it comes from both sides. Fathers worry they start at a disadvantage. Mothers sometimes assume they start ahead. Under Virginia law, neither is true. What the Law Actually Says Virginia Code § 20-124.2 provides that there is no presumption or inference of law in favor of either parent. The old tender years idea, that young children belong with their mothers, is no longer… Read More »Do Virginia Courts Favor Mothers in Custody Cases?

Adult hand holding a child hand, representing a guardian ad litem in a Virginia custody case

What Is a Guardian ad Litem in a Virginia Custody Case?

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If your custody case is contested, there is a good chance the judge will appoint a guardian ad litem, usually called a GAL. Parents in Roanoke and Salem are often caught off guard by this. Understanding the GAL’s role makes the process far less intimidating. Who the Guardian ad Litem Is A guardian ad litem is a lawyer appointed by the court to represent the best interests of your child. The GAL does not represent you or the other parent.… Read More »What Is a Guardian ad Litem in a Virginia Custody Case?

Stone courthouse columns, representing custody court proceedings in Virginia

Do I Need a Lawyer for a Child Custody Case in Virginia?

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Virginia does not require you to hire a lawyer for a custody or visitation case. Parents can and do file their own petitions in the Juvenile and Domestic Relations District Courts serving Roanoke and Salem. Whether you should go without one is a different question. When Handling It Yourself May Be Reasonable If you and the other parent genuinely agree on a schedule, communicate well, and simply need your agreement turned into a court order, the process can be straightforward.… Read More »Do I Need a Lawyer for a Child Custody Case in Virginia?