FREQUENTLY ASKED QUESTIONS
Q. Are active duty military members able to win custody of their children?
A. Yes, every custody case is different but being active duty military does not make you unfit to parent.
Q. Are father’s able to win custody in Virginia?
A. Yes, there is no presumption of which parent should have custody under the Code of Virginia.
Q. How is custody determined?
A. The courts must decide what is in the best interest of the children using the Code of Virginia as guidance.
Q. If I already have a custody and visitation order, may I move to another state without modifying that order?
A. That depends, don’t forget to follow your current order and state notice requirements prior to moving.
Q. Is my spouse going to get half of my military retired pay?
A. That depends on how long you were married while on active duty. There is no automatic right upon 10 yrs of marriage.
Q. How long do I have to be separated before I can get divorced if we have no children?
A. In Virginia, you must be separated (as defined by law) for at least six months for a consent (uncontested) divorce.
Q. How long do I have to be separated before I can get divorced if I have children with my spouse?
A. In Virginia, you must be separated (as defined by law) for at least one year.
Q. I am owed back child support and I have a case with DCSE, may I still hire a private lawyer?
A. Yes, if someone owes you back child support you can hire a private attorney to help you enforce the order.
Q. I want my child to visit with her sister and my wife (her stepmother) while I am deployed for a year. Is this legal?
A. That depends. Your wife may be entitled to visitation under Virginia law based on the facts of your case.
Q. My ex is deployed and is not paying any child support, may I get child support regardless that he is deployed?
A. Yes, you need an attorney familiar with the Service Members’ Civil Relief Act that can properly navigate this with you.
Q. I want a divorce but I do not know where my spouse is, how can I get divorced?
A We can help you step through the publication process to finalize your divorce.
Q. My husband will not let my children see their grandparents while I am overseas. Is there anything I can do while I am still overseas?
A. Yes, there are circumstances where you may not have to appear at every hearing as long as you meet the criteria.
Q. I want to seek custody of my child in Virginia but I live out-of-state, is this possible?
A. Yes, we are experienced representing non-local parents.