Orris Law FIrm

540-227-4061 

Family Law in Winchester, VA

Services

If you are interested in a service outside those listed above, please inquire. Depending on complexity/competency, a variety of legal services are available.  

Child Custody/Visitation

When paternity is established or when there is a child born of a marriage, both parents each have 100% custody by default. 

Visitation or “Parenting time” defines a child’s schedule or a person’s right to spend time with that child. 

When there is already a custody/visitation order and you wish to change it, you need to petition the court for modification. You can change an order at any time BUT not without proving very specific criteria to the court.  

Parents are entitled to certain legal rights when it comes to their children, even if they do not have custody of them. For instance, parents are entitled to their children’s school and health records under VA Code §20-124.6. If your child is in foster care, the Department of Child Services can petition the court to terminate your parental rights. If a child is being adopted by a stepparent, the rights of their biological parent may be terminated as well. Set up a consult with Orris Law Firm, PLLC so that you know your rights!

Establishing custody/visitation

Changing custody/visitation

Establishing Paternity

To have parental rights as a father or collect child support as an unmarried mother, you must establish paternity.  This can be done several different ways, including signing the birth certificate, taking a DNA test through the Department of Child Support Enforcement, or going through the court process. 

Step-parent adoption may be appropriate if the other parent is not a caregiver or if the other parent poses a threat to their child's wellbeing. However, if you are an involved parent with a healthy bond, Orris Law Firm, PLLC can help you maintain your parental rights by contesting a step-parent adoption. 

Adoption

Parental Rights

Child Support

Child support is usually a cut and dry calculation. It is based on your parenting time and the income of each parent, with deductions for support of other children and insurance payments. You can file to establish or modify child support through the Department of Child Support Enforcement (via your local social services), or you can do it through the court. Orris Law Firm, PLLC will be happy to calculate and file for child support on your behalf. However, if you have not already established paternity, this will need to be done first.

When a person does not follow a court order, it is considered contempt of court. This is also referred to as a “show cause” hearing because the person being accused of breaking the order must show cause as to why they should not be found guilty and sentenced. 

Contempt of Court

This does not change when either parent leaves or is rendered unable to provide care. In many cases, a court order is needed right away! The court order will define both legal and physical custody. Legal custody pertains to decision-making, whereas physical custody is mostly about living arrangements.

While there is no formal “grandparents' rights” statutes in Virginia, any person that holds a close relationship with the child can ask the court for visitation!

When both parties agree as to the basis of divorce and the division of property and are willing to participate in the legal process, they can file for an uncontested divorce, which sometime requires only the signing of paperwork. When only one party wants a divorce or there is no agreement over the division of property, it is considered contested. Under Virginia Code Title 20 Chapter 6, a divorce can be granted based on proven adultery, felony convictions, cruelty, abandonment, or the passage of time. Proving elements of this law and presenting them in court can be difficult and painful for all involved.  More often than not, your divorce will become a no-fault divorce on the basis of a period of separation.  Orris Law Firm, PLLC generally avoids fault-based divorces unless the circumstances necessitate. 

Paternity

Step-parent adoption

Agency adoption

Separation Agreements

Contested and Uncontested Divorces

If for whatever reason you decide it is best to give the greatest gift of all in hopes of your child having the best life, you will need a professional to get you through the legal complexities.

 

If you a foster parent looking to adopt or working with an adoption agency in hopes of gaining a family member, you will need an attorney to assist with the legal proceedings. 

Whether there is a known or unknown father, whether it is contested or uncontested, or whether it is an adoption for a child or adult, Orris Law Firm, PLLC is here to assist.

Let Orris Law Firm, PLLC help you determine what custody or visitation arrangement fits your family or what change is needed to maximize your family's happiness. Custody is our specialty!

Establishing or Modifying Support

Filing/Defending Contempt

Divorce

Virginia requires that couples be separated for one year prior to getting a divorce. However, if you have no marital children, you can get divorced in half that time with a document called a "Separation Agreement" a.k.a. "Property Settlement Agreement (PSA)." The purpose of the PSA is to hash out all of the issues outside of court in a contractual document. This document then becomes a part of your divorce decree.

Many people choose to do PSAs regardless of the amount of time they've been separated for the piece of mind and the ability to get divorced without having to step foot in a cout room. PSAs ensure that each party follows through with their commitments whether that means refinancing the house or bringing the children back on time.

Spousal Support

In long-term marriages when there is a disparity between incomes, spousal support or "alimony" might be applicable. Spousal support can be requested or modified prior to, during, or after a divorce. Spousal support prior to divorce is done within a separation agreement or by a court hearing requesting temporary or "pendente lite" relief. It is vital to understand your rights to recieve support or your potential liabilities before agreeing to any spousal support. Once a separation agreement is made, you could lock yourself into paying too much money or forever losing the chance to collect!  A family law attorney just might be necessary to secure your financial position.

Other services

A protective order can be more (or less) than a no contact order. You can get exclusive possession of a home or just forbid further acts of family abuse. To get a protective order there must have been a threat or act of violence to put you in fear of harm. 

 

Protective Orders in juvenile court can be filed on behalf of the juvenile or include a juvenile within the home as a part of an adult protective order. While Protective Order cases are straight forward, the evidentiary rules are not. Let us help you!

Protective Orders

 Orris Law Firm, PLLC will be happy to file on your behalf to enforce your rights or defend you in a contempt hearing!

Orris Law Firm, PLLC can help you establish paternity for yourself or for your child’s father or help you choose the method that is most cost efficient for you to pursue on your own.