Charlottesville Child Custody & Support

Protecting your interest in Child Custoday and Child Support Matters with offices in Charlottesville and Lake Monticello.

 

What we do for Virginia families

Family lawyers at the Charlottesville law firm of Tucker Griffin Barnes carefully handle vital issues relating to children such as custody, support, visitation, and adoption.  We understand that the decisions that you make today for their care and support will impact their well-being for years to come.  We are here to help you make the right decisions for you and your children.

Our team of Virginia family law attorneys routinely assists families with: 

Adoptions Child Custody Negotiations Child Support Negotiations Enforcement

Grandparent Rights Modifications Visitation

Our chief priority in each of these matters is to work with our clients and assist them in making hard decisions regarding their children and their future.

 

Recent Awards and Recognition:

• Voted Charlottesville's "Favorite Law Firm," 2011 Daily Progress.
• Voted Charlottesville's "Best Of" Law Firm, 2011 C-Ville.
• Voted Charlottesville's "No.1 Family Lawyer," 2010 Albemarle Family Magazine.
• Recognized in BestAttorneyOnline.com for "Best Accident & Injury Law Firms" in Va.
• Recognized in Guaranteed Lawyers for our "Personal Injury Practice."
• Recognized in the Super Lawyers "Virginia Rising Stars" list.
• Listed in Martindale-Hubbell's 2011 "Directory of Distinguished Attorneys." 

What some of our clients have said

• "Wonderful law firm...Laura Butler is the best!  Very realistic, yet understanding."
• "In every professional dealing I have had with Laura Butler, I have found her to be exceptionally knowledgeable and well-prepared.  Her knowledge of the law has been thorough in each of our dealings.  In addition, she has consistently been able to see my situation and her counsel has been to the point and helpful for me specifically.  She has earned my trust in her judgment.  I find her to be pragmatic and an effective communicator - able to grasp the situation and to communicate clearly the counsel, advice, and solutions that are best in each situation."
• "When you first interview Laura Butler, it is apparent you are in the presence of a true professional in all aspects of family law.  From her childhood, Laura was exposed to this often contentious environment presented by the divorce of her parents.  From this experience, she can offer valuable counsel to children involved.  Her communication skills with her clients are exceptional.  Laura is always prepared.  I never saw her surprised either in or out of court.  She treats all adversaries with respect, and then proceeds to dismantle them.  When I saw how well she knew, and could quickly recall, the details of my case, in court, I was amazed.  The other attorney had to refer to his notes to get the names and ages of the children, while Laura was able to give names, ages and the schools they attended without referring to anything.  I could tell the respect the judge had for her."

Our Charlottesville Family Lawyers:

Laura Blair Butler
Lynn A. Bradley
Mary Ann Barnes

 

Frequently asked questions about children’s legal issues in Virginia

How is child support determined?

In Virginia, child support is determined primarily by using statutory numerical guidelines based upon the relative net incomes of the parents and including the cost of the health insurance and child care for the children.  The number of overnights spent with each parent is also taken into consideration.  In a limited number of cases, the Court can be called upon to deviate from the child support guidelines, where the Court finds that the application of the child support guidelines would be “unjust or inappropriate.” 

Following are a list of factors that the Court can consider in deviating from the child support guidelines:  However, there may be a justification to depart from the guidelines based on the following factors:

1. Actual monetary support for other family members or former family members;
2. Arrangements regarding custody of the children, including the cost of visitation travel;
3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not include in the computation and provided further, that any consideration of imputed income based on a change in a party's employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party;
4. Debts of either party arising during the marriage for the benefit of the child;
5. Direct payments ordered by the court for maintaining life insurance coverage, education expenses, or other court-ordered direct payments for the benefit of the child;
6. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
7. Any special needs of a child resulting from any physical emotional, or medical condition;
8. Independent financial resources of the child or children;
9. Standard of living for the child or children established during the marriage;
10. Earning capacity, obligations, financial resources, and special needs of each parent;
11. Provisions made with regard to the marital property at the time of parties' divorce, where said property earns income or has an income-earning potential;
12. Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
13. A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
14. Such other factors as are necessary to consider the equities for the parents and children.

These are considered in context with the financial status, assets, and ability of each parent.

Can child support be modified?

Child support can be modified upon showing that a change in financial circumstances has occurred.  The party seeking to modify child support must show that any downward shift in their income or loss of employment was not a result of their intentional acts or negligence.

When does child support terminate?

Support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever occurs first, and that the court may also order the continuation of support for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, (b) unable to live independently and support himself, and (c) residing in the home of the parent seeking or receiving child support. 

Parties can agree that child support will continue past this time.  If parties do agree to extend child support beyond what is required in the Virginia Statutes, the Court cannot modify child support obligations once the child has reached the age of eighteen.

Do I mean sole custody, primary custody, shared custody or joint custody?

First, there are two separate types of custody, physical and legal.  Physical custody refers to where a child resides.  Legal custody refers to decision making authority regarding the child.

The terms “sole custody” and “joint custody” are typically used when discussing legal custody, or decision making authority between parents.  A parent who has “sole custody” retains all decision making authority for the child.  “Joint custody” is where parents must confer regarding the best interest of the child and reach a decision together.  “Joint custody” and “shared custody” can also refer to the parenting time that the child has with each of the parents and indicates an arrangement where there is substantial time spent with each parent.  The term “primary custody” typically indicates a parenting arrangement where the child primarily resides in one residence and has visitation with the other parent.  It is possible for one parent to have primary physical custody, while the parents also share joint legal custody.

Do I have to go to court for custody or child support issues?

Not necessarily.  If parents are able to reach an agreement regarding custody or support the Court can review the agreement and incorporate it into an order of the court if the Court believes the agreement is in the best interest of the child.

What will the judge look at in a Custody Trial?

In Virginia, the Court must consider the following factors from §20-124.3 of the Code of Virginia, 1950, as amended, in making any custody determination:

1. The age and physical and mental condition of the child, giving due consideraton to the child's changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the abilityh to accurately assess and meet the emotional, intellectual and physical needs of the child;
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;
5. The role that each parent has played and will paly in the future, in the upbringing and care of the child;
6. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonable denied the other parent access to or visitation with the child;
7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;
9. Any history of family abuse as that term is definced in §16.1-228 or sexual abuse.  If the court finds such a history, the court may disregard the factors in subdivision 6; and
10. Such other factors as the court deems necessary and proper to the determinination.

Can custody be modified?

Always.  The utmost of concern of the Court is the best interest of the child.  In the event that a material change in circumstances occurs that impacts the best interest of the child, either in a positive or negative manner, either party may seek to modify an existing Court order.

Can I move out of state?

When one party wants to move a substantial distance from the other and take the child with them when they go, this creates one of the most difficult situations in a custody case.  There is no blanket rule regarding the move.  The Court must consider the factors identified above in making this decision.  If you are considering moving with your child or against the other parent moving out of the area with your child, a consultation with an attorney will be of benefit to you in exploring the many options and pitfalls that exist in this area.

Do I need an attorney for a family law proceeding?

Although it is possible to represent yourself in family court, it is not advisable in the vast majority of cases.  Should you choose to represent yourself, the court cannot assist you with your case.  You are held to the same requirements as the other party’s attorney.  If you mishandle your case due to lack of knowledge or skill, an attorney may have difficulty reversing your mistakes.

What is your fee structure?

We handle cases on a flat fee or hourly basis depending on the complexity of your case. We offer initial consultations at our hourly rate.  At the end of the consultation, we can determine the appropriate fee structure for your case, and you can evaluate our services and decide if you want to hire us.

Tucker Griffin Barnes - Where deep insight equals powerful advantage.

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Please contact Tucker Griffin Barnes in Charlottesville, VA, or Lake Monticello, VA, when you need legal advice.  We have helped people in many areas of the law, including those injured in an automobile accident, car accident, tractor trailer accident and on the job.

We are a full-service law firm and represent clients in matters ranging from personal injury, workers compensation, and Social Security Disability to criminal law, divorce, and real estate.

Our geographic reach is broad.  We provide legal services all over the state of Virginia, but especially to locations in our immediate area:  Charlottesville, Crozet, Ruckersville, Earlysville, Scottsville, Lake Monticello, Palmyra, Stanardsville, Barboursville, Gordonsville, Waynesboro, Albemarle Co., Greene Co., Madison Co., Culpeper Co., Orange Co., Fluvanna Co., Louisa Co., Nelson Co. and Augusta Co.

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