Many in Virginia are full-swing into the hustle and bustle of the holiday season. For those who have just gone through divorce, the joys and festivities of the holidays may be mixed with the challenge of trying to recover their finances. It's not always easy, but it is often possible.
In my family law practice, I have been asked on several occasions, "At what age does my child get to pick where he or she lives?" There is a common legal misconception in Virginia that there is a certain age when the child makes the decision. That is categorically false. Courts make child custody and visitation determination based on the 10 best interest of the child factors set out in §20-124.3. When factor tests are used the Court determines how much weight to apply to each factor, and often decisions come down to one or two factors being more favorable to one party.