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

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.

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Attorney answers 1


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, Virginia to Chesapeake, Virginia Answers contained herein are to be considered general information and are not legal advice and should not be relied upon as legal advice. No attorney-client relationship is formed by answering your question. You should seek advice from a licensed attorney to have a complete and proper answer to your legal question.

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