Can I request an emergency mediation hearing to discuss a custody and co-parenting plan?

Asked about 1 year ago - Quantico, VA

In Virginia, my wife and I must be separated for at least 12 months before filing for divorce. My wife has indicated that she will be moving out and will likely try to take my daughter with her. Am I able to request an emergency hearing to get us into mediation? I'm afraid the more time that passes, the harder it will be to get her to agree to a 50/50 agreement. I fell it will be considerably more difficult, if not impossible, once she consults with an attorney.

Attorney answers (1)

  1. Cassie Lynn Baudean

    Contributor Level 11


    Lawyer agrees

    Answered . You can file for pendente lite child custody/visitation/support determinations. A 50/50 agreement may not be the best situation for your child and you are probably correct that it will be difficult to get that agreement. I would suggest you also consult with an attorney as soon as possible to make sure you are protecting your rights and putting yourself in the best position possible for not only custody issues but your divorce in general. You can retain an attorney to help navigate this process before the 12 months of separation has occurred.

    Cassie L. Baudean, Esq. Baudean Law, PLLC (p) (804) 447-0146 Serving Richmond,... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

30,345 answers this week

3,224 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,345 answers this week

3,224 attorneys answering