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Father’s Rights

A Look Back: Parental Rights Before the Tender Years Doctrine

Heritage seems to be a watchword in Virginia these days. Heritage symbolized in statues, or flags, or skin tone. Our American justice system has its heritage, too. It is a roughly equal mix of ancient Roman law, British Common Law, and American innovation. Parental rights have walked the long path from Roman custom through British ancestry to today’s completely American ...

By |April 5th, 2021|

My Ex-Wife is Dating a Felon. How Do I Get Full Custody?

Wives become ex-wives. Convicts become ex-convicts. Serve your time and you’re an ex-convict. But felons? A felon is a felon for life. So, when your ex-wife starts dating a felon, are you cool with that? What can you do? How can you protect your kids? Two Different Issues You learn your ex-wife is dating a felon. Is this felon around ...

By |January 18th, 2021|

What are the Chances of a Father Getting Full Custody in Virginia?

Who you gonna believe, a buncha statistics or your own eyes? Weirdly, it really comes down to that choice when you try to measure your odds (chances) of getting full custody of your children in a Virginia divorce. Why? Because, while fathers are still statistically unlikely to get full custody, the cause may surprise you. A Buncha Statistics Folks in ...

By |September 28th, 2020|

The Unforeseen Impact of COVID-19 on Women & Mothers

COVID-19 is terrifying a lot of Virginians, and rightly so. Some hunker down, adopting a bunker mentality that preserves the home as a virus-free safe zone. Some seek to escape, by packing the kids in the family car and heading off to surrounding states. Some seek to escape their marriage at the same time. COVID-19 Ground Conditions As of August ...

By |August 17th, 2020|

She Didn’t Put Me on the Birth Certificate … Do I Have Any Rights?

Today's Latin lesson brings us the word “putativus,” which comes from a Latin stem meaning to believe or suspect. From this we get putative, as in Virginia's putative father registry. Lawyers love Latin. Putative means “generally considered or assumed to be.” As in, you are the child's putative father. How Virginia Birth Certificates Work We think of birth certificates as a legal magic wand, casting ...

By |April 6th, 2020|

Is Sole Custody Possible with a Special Needs Child?

More than 168,400 special needs children were enrolled in Virginia's public schools in 2016, according to the Virginia Department of Education. For 2013 (the most recently available year) Virginia recorded over 29,400 divorces. Those two typical statistics intersect far more often than most people realize. If you are contemplating a divorce and you are the father of a special needs child, ...

By |April 22nd, 2019|

My Ex is Pregnant … Should I Be Going to All The Appointments?

The legal word "consent" is often associated with intimate matters like sex, statutory rape and marriage. It also extends, though, to the often-inevitable outcome of sex: pregnancy. Women in Virginia have powerful rights to give or deny consent to the fathers of their unborn children, such as consent to attend prenatal appointments, consent to hear information from their obstetricians, and ...

By |April 17th, 2019|
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