Kristen Diane Hofheimer’s Answers

Kristen Diane Hofheimer

Virginia Beach Child Custody Lawyer.

Contributor Level 8
  1. What can I expect

    Answered over 1 year ago.

    1. Kristen Diane Hofheimer
    2. Pia Janine Miller
    3. James Hill Wilson Jr.
    3 lawyer answers

    I am unsure from your question whether an order was entered as a result of the 2011 custody petition or if his petition was simply dismissed. If there is an order from 2011, then he has to prove a material change in circumstances from the time the custody order was entered and now. If he is able to prove a material change in circumstances, then the court will do an analysis of the best interests of the children based upon the 10 custody factors outlined in Virginia Code Section 20-124.3 (you...

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  2. Would I lose primary custody if I move to California?

    Answered over 1 year ago.

    1. Kristen Diane Hofheimer
    1 lawyer answer

    Relocation out of Virginia is very difficult when the non-custodial parent lives here. I suggest talking to your daughter's father before getting the court involved to see if he would be willing to sign an agreement allowing you to move and giving him summers and alternate holidays. If he does not agree and you have to go to court, you will have to prove that the move is in the best interest of your daughter by showing that the move benefits your daughter independently of the benefit to you....

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  3. What rights does a spouse have when you been married 3 yrs with division of property / assets.

    Answered over 1 year ago.

    1. Kristen Diane Hofheimer
    1 lawyer answer

    If the house was bought during the marriage but only in the name of one spouse, then the other spouse has a marital interest in the property but cannot get the house itself, only a monetary award based upon the equity in the property that is attributable to the marital investment that was made. If, for example, a downpayment was made on the house using marital funds (funds that were earned during the marriage) and/or the principal on the mortgage was paid down using marital funds, then a...

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  4. I have primary physical custody of my son, and my current husband has taken a job out of state, requiring a move for our family.

    Answered over 1 year ago.

    1. Kristen Diane Hofheimer
    1 lawyer answer

    It can be very difficult to relocate outside of Virginia and keep custody if the other parent lives here and objects to the move. You have to prove that the move will benefit your son independently from the benefit of the move to you (presumably the increased income/benefits from your husband's new job). It is helpful if your ex has not been taking advantage of his visitation while you are living here - it shows that the disruption to visitation resulting from the move will be less than if your...

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  5. What are my rights?

    Answered over 1 year ago.

    1. Julia Jane Wills Ovando
    2. Kristen Diane Hofheimer
    3. Deborah G. Fiss
    3 lawyer answers

    I agree with the answers below, with some caution. Many judges do not understand the concept of attachment parenting and you cannot assume that they "get it" or agree with it. If you have to go to trial over this, you want to have some expert witnesses to educate your judge on the benefits of breastfeeding and attachment parenting. I have included a link below to a law review article that I wrote on the subject. I would have a lactation consultant testify about how let down and lactation works....

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  6. How did this happen and what can I do?

    Answered over 1 year ago.

    1. Kristen Diane Hofheimer
    1 lawyer answer

    First of all, if you were in Juvenile court, you can appeal it to the Circuit Court and you basically get a do-over (except that you have to live under the current order pending the appeal and if there was a GAL you will most likely have the same GAL for the appeal). The hitch is that you have to note your appeal within 10 days of the entry of the juvenile court's order. So you should go to the clerk's office right away and file your notice of appeal. I cannot tell you how what happened...

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  7. Does it mean that my daughters father will win custody of my daughter because he has a lawyer, but she's been living with me?

    Answered over 1 year ago.

    1. Kristen Diane Hofheimer
    1 lawyer answer

    The court will consider 10 factors in making a determination of what is in the best interests of your daughter. These factors can be found by googling "Virginia Code Section 20-124.3." The fact that you have been your daughter's primary caregiver and her father has hardly been around will help you, provided he hasn't been around by his own volition. If you have denied him visitation, that will hurt you in almost every instance. However, that does not mean that you will automatically get custody...

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  8. Joint custody and the father is filling for full temp custody because i had to testify against an ex boyfriend in the federal sy

    Answered over 1 year ago.

    1. Kristen Diane Hofheimer
    1 lawyer answer

    I don't think the issue is going to be whether or not you testified, but what activities you were engaged in that put you in that position. It doesn't matter so much whether you were charged, but whether your child's father can prove that you did anything or allowed anything to happen in your household that had a negative impact on your child. Your ex-boyfriend's sister will not be precluded from testifying, but you can make the argument that her testimony is biased. As for the marinol - I...

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  9. Does a judge always go with a guardian ad litems recommendation?

    Answered over 1 year ago.

    1. Victoria Lee Allen
    2. Sonja N Aoun
    3. James Hill Wilson Jr.
    4. Kristen Diane Hofheimer
    4 lawyer answers

    Typically, a guardian ad litem's recommendation holds a good bit of weight, but not always enough to carry the day. It is very important to be organized, focused, and cooperative in your interactions with guardians ad litem. Make sure that you focus on your children's needs and not on everything that you think your ex has done wrong to you or in life in general. If you have references or documentation that supports the information that you want the guardian to know, make it easy for the...

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  10. I have joint physical custody of both my girls, with my X-husband, I would like to send my 17 year old daughter to live with him

    Answered over 3 years ago.

    1. Kristen Diane Hofheimer
    2. Virginia C Haizlip
    2 lawyer answers

    If you currently have a custody order that simply says that both of you have joint legal and physical custody, you may not need to do anything. However, if there may be a future dispute over your 12 year old, you are better to protect yourself at least with a written and signed custody agreement that gives your ex physical custody of your 17 year old and you physical custody of your 12 year old. To best protect yourself, you and your husband can both sign consent orders to be filed with the...

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