Navigating Uncooperative Parties in Family Law Matters: A Virginia Family Law Perspective

As a family law attorney in Fredericksburg, Virginia, Shawna L. Stevens, PLLC, often encounters cases where parties struggle to find common ground. This lack of cooperation can make resolving family law matters more difficult and time-consuming, ultimately causing additional stress and financial strain on both parties. Today, we will discuss some of the challenges associated with uncooperative parties in family law cases and how the Virginia law code addresses these issues.

Virginia law provides guidelines to help judges make decisions in family law cases, particularly when it comes to determining child custody, visitation, and support. The primary focus in such cases is the best interests of the child, as outlined in Virginia Code § 20-124.3. When parties refuse to cooperate or come to an agreement, the judge must consider various factors, including the emotional and physical well-being of the child, the role each parent plays in the child’s life, and each parent’s willingness to support the child’s relationship with the other parent.

One common issue with uncooperative parties is the inability to reach an agreement on child custody and visitation. In such situations, Virginia Code § 20-124.2(B) allows the court to award joint or sole custody, depending on the circumstances. The judge may also order mediation or appoint a guardian ad litem to represent the best interests of the child.

Another challenge that may arise in family law cases is the refusal to pay child or spousal support. Virginia Code § 20-108.1 sets the guidelines for determining child support, while § 20-107.1 governs spousal support. If a party refuses to pay, the court has the power to enforce the support order through various means, such as wage garnishment, contempt of court, or even incarceration.

However, it’s essential to remember that even with these guidelines and tools in place, navigating uncooperative parties in family law matters can still be challenging. Communication breakdowns, disagreements over parenting styles, and unresolved emotional conflicts can all make it difficult for parties to reach an agreement. In some cases, it may be necessary to seek the assistance of a mediator or mental health professional to help parties work through their differences and find common ground.

As a family law attorney, Shawna L. Stevens, PLLC, understands the difficulties associated with uncooperative parties in family law cases. With over two decades of experience practicing in Virginia, Shawna has helped numerous clients navigate these challenges and obtain favorable outcomes for their families. If you are facing a family law matter and need legal guidance, don’t hesitate to contact Shawna L. Stevens, PLLC, for a consultation.

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