Blogs from November, 2019

In Virginia, there is a strict obligation for a child to have the chance at a relationship with both parents. If your ex-partner is denying visitation without approval from the court, then you have a right to pursue legal action.

The most common reasons your ex may deny you visitation are:

• retaliation for an action you may have taken;
• resentment over the relationship ending;
• lack of confidence in your ability to care for the child; and/or
• punishment for a delay in providing a child support payment.

Regardless of the reasoning behind the action, the custodial parent is legally required to allow for quality time between you and your child. If they do not have court approval before they withhold visitation, they run the risk of losing custody of your child altogether.

What to Do if Your Ex Isn’t Letting You See Your Child

Upon your divorce or legal separation, a child custody and visitation schedule should have been made to help you determine when you and your child will spend time together. If your ex occasionally does not follow the schedule, there needs to be a discussion on when the time can be made up.

You should also be keeping track of each instance this occurs so if it becomes an issue you can take your ex to court. If your ex is unwilling to schedule make-up days with you or routinely misses those as well, contact a child visitation attorney to discuss your legal options.

It’s important that you never take the matter into your own hands as a form of retribution. If you withhold child support payments indefinitely or forcefully take your child from the custodial parent, you could face serious legal consequences.

If Visitation Is Consistently Withheld

In most custody agreements, plans are in place for each parent on how to split time over holidays, special occasions, and of course, breaks from school. But what happens if it’s your time with your child during their summer vacation and the other parent decides not to put them on the plane or drive them to your house?

It happens more often than you think. In some cases, the child doesn’t want to go visit their other parent, and in others, the parent doesn’t want to send their child. Regardless of the specifics, this situation can be incredibly disheartening for the parent who thought they were going to get some much-needed time with their child. It’s important for every parent to know what can be done in this situation.

If the other parent is refusing to allow visitation during a scheduled time outlined in the custody agreement, they could be held in contempt. In divorce, civil contempt is most often a willful violation of a court order. Additionally, it could be considered parental kidnapping if the other parent is preventing you from seeing your child.

When this happens, the aggrieved parent can petition the court for an order to show cause. The petition lets the court know of the other parent’s noncompliance and requests the court use its power to enforce the order by holding the other parent in contempt. The court will then require the parent who broke the agreement to attend a scheduled court hearing and explain why they should not be held in contempt. The judge will decide one way or the other, and if they rule the parent was in contempt of court, they could be subject to fines and even jail time.

We Will Fight for Your Rights

The Law Offices of Daniel J. Miller takes child custody and visitation laws seriously. We believe every child should have the opportunity to build and maintain a relationship with both parents. If you are having child visitation issues, contact our attorneys as soon as possible.

Contact our firm online or give us a call at (757) 267-4949">(757) 267-4949 to get started with your case evaluation today.

Child custody is often the most challenging part of any divorce arrangement. Both parents have their views on what is best for the children, and many times those views are not in alignment.

There are five situations concerning child custody that every parent should try to avoid to make the child custody process move smoothly and generate the best possible outcome for their children.

Do Not Make Threats

Threatening to withhold visitations is not going to make the process easy. Each parent has the right to be involved in the upbringing of their children. Trying to keep your child’s other parent away without just cause will only make custody more difficult. Additionally, this doesn’t look good in the court’s eyes. To them, you are not thinking of what’s best for your child.

Try to be Accommodating with Schedules

As former spouses, you know what the work schedule is like of your former spouse. Making unreasonable care and visitation demands will not be beneficial to your case. Find ways to compromise with requests. If you are adamant about spending a certain holiday with your child, let your ex-spouse pick a holiday they would like to have visitation time with.

Avoid Unreasonable Demands

You cannot demand that your former spouse only participates in selected activities with the children. The children have the right to have full enjoyment capacity when they are with either parent. In fact, the court believes that it’s best if the child is able to have a loving relationship with the bot of their parents.

Do Not Make False Accusations

Divorces are very emotional for all parties involved. Making false statements against the other parent to prevent them from seeing their children will only make the entire process worse.

Always consider the best interest of your children. Parents need to remember that divorce is very hard on children. Every effort should be made so that the children are happy and secure. Both parents should set their personal feeling for each other aside and do what is right for the children.

If you need assistance with your child custody case, call the Law Offices of Daniel J. Miller today at (757) 267-4949">(757) 267-4949.

Children are often the most important issue during a divorce. In Virginia, there are a variety of laws and regulations regarding custody of a child. Like most issues in family law, choosing the right attorney will provide a better outcome.

Child custody is determined based on what is in the best interest of the child. Although most parents want what's right for their children, sometimes this can become difficult when emotions run high. One parent may wish to punish the other by having full custody. Sometimes there is a financial benefit to the equation. Due to this, the court will examine each unique case to determine what is going to be best for the child.

What Is Child Custody?

Child custody in Virginia consists of two categories: legal custody and physical custody. Parents can have either type of custody:

• Legal custody: This is the right to make choices on behalf of the child's best interest. These choices can involve health, education, and religion.
• Physical custody: This is where the child spends most of their time, or essentially, where the child primarily resides.

Both legal and physical custody can be sole custody or joint custody depending on what is best for the child. Sole legal custody means only one parent can make decisions regarding the child’s well-being. Joint legal custody means both parents are involved in the decision-making process for the child’s well-being.

On the other hand, sole physical custody means the child lives with one parent. If one parent has sole physical custody, the other parent will typically receive visitation time. Joint legal custody means the child lives with both parents.

How Does a Judge Decide Who Gets Custody?

There are a number of factors that a court considers when determining child custody. For the best interest of the child, there are several concerns a judge must address.

The judge will want to know about the following:

• What is the age and mental state of the child? Depending on how independent and aware the child is, one parent may be chosen over the other. Appropriate developmental needs will be taken into consideration upon a child custody hearing.

• Are both parents mentally and physically fit to take care of the child? In addition to understanding a child's development, a parent must be healthy and able to provide adequate care.

• What is the relationship between each parent and their child? A child may relate better to one parent or the other. One parent may also understand the needs of the child better than the other.

• Do both parents support the relationship their child has with the other parent? Assuming both parents are adequate and healthy, understanding the ability of each parent to honor the child's relationship with the other is important for healthy development.

• Does the child have siblings? Depending on the situation of other children in the home, siblings may be taken into consideration when a judge determines a child custody case. This also extends to non-immediate family members as well.

• Is there a history of sexual or physical abuse within the family? A child's safety is the number one priority during any child custody hearing in Virginia. Understanding family dynamics and any possible abuse is crucial.

• Does the child have a preference? Many judges will take a child's opinion into serious consideration when determining who receives sole or even partial child custody. However, the child must be old enough and mature enough to state their opinion.

When to File Custody Order Changes

When you’re going through a divorce that involves children, the judge is going to decide on the best possible child custody situation. When they make this decision, they’ll try to decide the option that works in the best interest of the child. Sometimes what was in the best interest of the child then is not the same months or years down the line, which means you may have to modify your custody agreement.

There’s a chance that changing a custody agreement could have an effect on the child’s stability, so a Virginia family law judge will need to see strong evidence of a material change in circumstances from the requesting parent. If both parents agree, the judge is more likely to grant the modification. Examples of material changes in circumstances include, but are not limited to, changes in a parent’s financial or work situation, geographical relocation, changes in the health of a parent, or any circumstance that negatively impacts the child.

In order to receive a modification to your child custody agreement, the parent requesting the change will need to file a motion with the courts. For the state of Virginia, this motion is typically filed with the same Juvenile and Domestic Relations District Court that first ordered the original custody agreement. A judge will then decide if the modifications requested are actually in the best interest of the child.

It can be difficult to figure out the best time to file a motion for a modification because you probably don’t want to disrupt your child’s current routine. It can often take 5–6 months to get a hearing date and your child needs to be at the hearing. If you’re trying not to pull your kid from school, the best time to file for a custody change or modification is in January or February. That way, your child will not have to miss any school since they’ll already be away from school on summer break.

The Law Offices of Daniel J. Miller Can Help

To better understand child custody cases, hiring an experienced family law attorney is imperative. For more information about child custody matters in Virginia Beach, don't hesitate to reach out to the Law Offices of Daniel J. Miller. Our dedicated attorney is here to protect you and your family’s rights during this difficult time.

Call the Law Offices of Daniel J. Miller today at (757) 267-4949">(757) 267-4949 for legal assistance with your child custody issue.

Learn More About Bond Hearings Here

In Virginia, paying bond ensures a defendant will appear in court after being released from jail. This monetary sum is returned to the payor after a defendant has appeared in court and completed their trial. It is not returned if the defendant does not complete their trial.

There are two main types of bond in Virginia: secured and unsecured. Though they may sound similar, they are quite different.

What Does “Secured Bond” Mean?

A secured bond is the process most people think of when they hear the word "bond." It is a monetary promise that a person will return to the court for their trial. Sometimes, no bond will be set and it will be up to a qualified attorney to file the appropriate motion.

When granted, a bail bondsman can usually help defendants who are unable to post their own bond by loaning out the money. Sometimes the bail bondsman can secure a hasty release by paying only 10% of the full amount.

What Does "Unsecured Bond" Mean?

An unsecured bond is simply the promise that the defendant will pay a certain amount of money if they do not follow the precise conditions of their bail. There is no requirement to pay this sum in full or in part.

Sometimes, the court releases a defendant on a third type of bond called personal recognizance. It is very similar to an unsecured bond in which there is no monetary requirement to release a defendant from jail. The defendant is given the date they must return and then officially released.

Our Virginia Beach Bond Attorneys Can Help You

If you or a family member is facing charges in which a bond is necessary, reach out to our compassionate attorneys before your bonds hearing. We will work with you and the court to get you out of jail before your trial date as quickly as possible.

Learn More About What Happens After An Arrest | (757) 267-4949">Call Our Criminal Defense Lawyers For More Info

Abduction (or kidnapping) is one of the most serious crimes in the state of Virginia. This can occur when a person transports, detains, or takes another person with the intention of:

• depriving the other person of their personal rights;
• withholding or hiding the other person from another entity;
• subjecting the other person to forced services or labor.

Possible Abduction Charges

Someone can be accused of, and ultimately charged with, abduction for a variety of reasons. The only time someone cannot be accused of abduction is if they are an officer of the law who was acting in accordance with their lawful duties.

An abduction accusation or charge can be made if the accused has held a person:

• with the intention of extorting them or family members;
• with the intention to defile them;
• with the intention of prostitution; and/or
• under the legal age of consent with the intention of manufacturing child pornography. 

Anyone who has so much as threatened any of the actions above may also be charged with abduction.

Possible Abduction Penalties

An abduction charge is a Class 5 felony and could carry a prison sentence between 1 to 10 years. The accused may face a lesser sentence of up to 12 months in county jail, as well as a fine no more than $2,500.

If you are a parent accused of kidnapping your own child, you could be held in contempt of court and face:

• a Class 1 misdemeanor on your record; or
• a Class 6 felony if you took your child across state lines.

Possible Abduction Defenses

A skilled abduction attorney can help you build a strong defense of your actions by gathering relevant evidence and providing an aggressive strategy.

Common defenses include:

• consent;
• duress; or
• mistake of fact.

Providing Excellent Legal Counsel

There are many circumstances for which a person may be accused of abducting another. Whichever applies to your situation, our effective defense attorneys at The Law Offices of Daniel J. Miller will fight for you.

For a legal consultation, call our firm at (757) 267-4949">(757) 267-4949 or contact us online.