Most Common Child Custody Myths In Virginia
It can seem like everyone knows someone who knows someone who has a horror story about how terribly wrong their child custody case went. If you are currently sucked into the vortex of scrolling through all the ways your case could go wrong, experienced Virginia family lawyer Michelle Hopkins is ready to put your mind at ease by debunking these common Virginia child custody myths:
Child custody is always decided in Court.
Litigation is warranted in some custody cases, but not all. Depending upon the dynamics of the relationship between the parents, Court can be avoided completely.
Some parents cannot agree on custody and therefore need a neutral third party to rule on the best interests of their children. Others are able to come to an amicable agreement and simply sign a custody agreement in their lawyer’s offices. Some meet in the middle, able to agree on some matters but not others, but are able to reach an agreement via mediation.
Michelle Hopkins always takes into account her client’s hopes and goals. If a client wants to avoid Court, she can help guide them to settlement. If their child’s other parent is not agreeable, she is ready to fight for their interests in Court.
Child custody schedules are hard to change.
A very common struggle among parents beginning the divorce process is how to structure a custody arrangement that will suit their children long term, as they assume that they will be stuck with the custody arrangement that is originally agreed upon. This could not be further from the truth!
As the needs of the children change, the parents can agree to amend their original custody agreement. If one parent believes a change is necessary and the other parent does not agree, they are able to file a formal petition to amend the original agreement.
However, it is important to note that custody should be formally amended with the Court, never via a “handshake” arrangement where parties verbally agree, or even type up the new agreement themselves, which the Court is likely to consider informal. If a circumstance arises that requires the intervention of the Court, the last agreement formally filed with the Court is considered to be the last Order of the court. Even if the parties agreed to change that agreement, if it was not formally filed with the Court, it does not necessarily supersede the originally filed agreement.
The mother always wins.
When you hear parents talking about custody cases, you will hear at least one person say that the mother always wins, never the father.
A long time ago, there was something called the “tender years doctrine” which resulted in Virginia judges placing young children with their mothers rather than their fathers. This was based upon young children being mainly cared for by their mothers.
You are most likely to hear this myth from parents with grown children, rather than modern day parents, as this doctrine was heavily relied upon in previous years. Today’s judges are required to focus on the best interests of the children, rather than the presumed parenting abilities associated with traditional gender roles.
How Can The Hopkins Law Firm Help Me?
The Hopkins Law Firm lawyers Michelle Hopkins, Sydney Remaily, and Tyler Melton are ready to assist you with your child custody and or child support matters in Prince William County, Virginia and surrounding areas. Please do not hesitate to contact their office today at 571-248-2210 or info@mhopkinslaw.com to schedule a consultation. Michelle Hopkins and her legal team are waiting to help you!