J / DR courts are generally user – friendly and have staff to assist claimants without a lawyer at the beginning of the process. They can help with paperwork but cannot provide legal advice. Unmarried parents in Virginia must apply for guardianship in the city or county in which the child lives. However, the issue of custody should be raised when filing for divorce. In most cases, it is best to have your divorce case settled in one court rather than two and to make sure that the divorce documents require custody. If custody is involved and you file a divorce suit in a district court, you may have the option of having custody heard in district courts, as well as other matters that pertain to divorce, if you have not yet filed divorce with a married parent.
If you are single and are suing J – DR, it may make sense to hire a lawyer to represent you. District courts are used to maneuver around lawyers and be more efficient in their maneuvering than state courts.
Once you get to the final result, many things can happen. Disqualification can be initiated and is a process by which a party may seek a temporary restraining order against the other party, such as a judge or a jury. You may be ordered to a trial by jury, or, in the case of a single person, by a three – judge panel. Ad litem guardians are court – appointed lawyers who represent only the best interests of the child (s). You may be appointed an ad items Guards.
What are your chances of gaining custody? Temporary guardianship is granted pending a final hearing. You may be prescribed drug or substance abuse tests. Virginia law no longer has a gender presumption in custody cases. This question is often asked during initial meetings with clients and can be difficult to answer because each case is based on its own facts. However, there are several factors to consider determining if you have a reasonable chance of gaining custody.
In today’s world, charity is often a shared role. Yet, many families still have one main breadwinner, and it’s often difficult for one parent to identify as the primary caregiver for the other. In these cases, great importance is attached to the fact that the others are the main financial breadwinners. All things being equal, if the children are doing well, it may be easier for other parents to gain custody if both parents are main culprits, especially if either primary caregiver has mental health or substance abuse problems.
What evidence do you need to present to the court? What evidence does the child’s mother or father present? How does your child perceive the relationship between you and your partner?
If you believe you are a good parent who meets your child’s intellectual, emotional, and physical needs, you must present to the court evidence that your children are taken to a doctor, that the doctor takes them to school and knows about their health, or that they are met with a teacher who communicates with them on a regular basis and makes appointments. In Virginia law, there are two “best interest” factors that are found in the Virginia Child Protective Services Code of Ethics and Human Rights. Some of these factors may be more relevant to your case than others, but the task of your lawyer or advocate is to adjust the evidence you present in court for each of the factors specified in this code.
Can I appeal a decision I don’t like? If your case starts in the J – DR court, you have the right to a so – called new trial. A district court judge is not bound to anything that a J / DR judge says, does, or orders. If you argue your cases before a new judge in another court you can be given a “new trial” in that court. However, guardianship decisions are rarely overturned and are highly respected by the Court of Appeal. If your case started in a district court and you have a new trial in the district courts but you still don’t like the decision, your only other option is to appeal to the Virginia court of Appeals. Keep in mind that the J / DR order will remain in effect until the Circuit appeal is heard unless you seek a stay of the order by a J – DR Judge. In any situation where a claimant may consider an appeal, they should think about the costs and likelihood of success. A district – court detention order is likely to be upheld. There is no evidence to support such a decision. Instead, it may be prudent to wait for a significant change of circumstances to the existing order or for changes in the conditions of detention to apply in due course. A “significant change in circumstances” means that significant facts or events have occurred since the last order that ordered a change to custody or the best interest of the child.
If you may be facing guardianship problems, it is advisable to seek legal advice, especially at the initial application stage, if you have not already done so. When you are being for custody, you always want to put your best foot forward.