Blogs from March, 2020

As the COVID-19 pandemic continues to escalate, child custody has emerged as an unforeseen battleground between co-parents. From keeping kids safe when one parent is an essential worker, to dealing with school shutdowns, co-parents across the country face unique hurdles as a result of the coronavirus.

Understanding how COVID-19 affects your current custody arrangement, and what steps you can take to improve your parenting plan going forward, can help you navigate this challenging time more easily.

How to Handle Co-Parenting During COVID-19

Co-parents are in for a rough time during the coronavirus pandemic, but taking the right precautions can help you succeed. Here are some tips for handling COVID-19:

• Keep in mind that your custody order is still legally binding. Unless you formally modify your custody arrangement in court, you must still exchange custody as dictated in the custody order. Refusing to transfer custody could result in legal penalties. If you decide to pursue legal action against your co-parent, such as filing a custody order modification, keep in mind that most courts are backlogged right now, and your case won't be heard immediately.
• If one parent is an essential worker or might come into contact with COVID-19, discuss options. For example, it may be prudent to adjust the custody arrangement so the at-risk parent uses video tools like Skype or FaceTime to see the children instead of taking physical custody. Your utmost priority should be keeping your children safe, and unfortunately, that might mean one parent giving up visitation temporarily.
• Make sure both parents have the same boundaries when it comes to safety. Both parents should agree on matters such as whether the children should wear a mask to go out, if the children can have playdates, whether the parents can have friends visit, etc. If both parents are on the same page, it will reduce friction between all parties.
• Determine how to support your child academically and emotionally. Schools are shut down right now. As a result, many children are learning online, which might be a difficult adjustment. Compounding on the problem, your kids probably miss their friends and are bummed about missing events like prom and graduation. Parents should discuss how to support their kids.
• Determine whether your current parenting plan is even realistic. COVID-19 has economically impacted many Americans. For parents who lost their jobs or have suddenly found themselves working part-time, a previously determined child custody arrangement may be untenable. Job-hunting while caring for a child might also be difficult. Parents should discuss how their current circumstances affect the child custody arrangement. If necessary, co-parents should make adjustments to preserve the well-being of their children.

When Co-Parents Disagree About Vaccinations

When vaccines to combat the COVID-19 pandemic were made available to the public, people were quick to show their support or advocate against the use of the vaccine. This conversation became more heated once the Centers for Disease Control and Prevention (CDC) recommended children over the age of 5 receive the vaccine. In some instances, co-parents found themselves on opposite ends of the conversation from each other. Now, the CDC has recommended children ages 5–11 years should receive a booster shot five months after their initial Pfizer-BioNTech vaccination series. But what happens when one parent wants their child to get the booster shot and the other parent does not?

In many cases, it doesn’t matter if you’re the parent who wants the kid to be vaccinated and boosted or the parent who doesn’t. The decision is usually up to your co-parenting or custody agreement. Whenever you have any type of serious disagreement with your co-parent, you should refer back to the custody paperwork before making any rash decisions. Who has control over health care decisions, including vaccinations, should be outlined in the custody paperwork.

If one parent has sole custody over their child, they have the right to determine if their child receives the vaccine or not. If the parents have joint custody over the child, the court expects the parents to discuss the matters together to come up with a solution. In some joint custody agreements, one parent still has the final say on health care decisions and has the right to vaccinate the child even if it goes against the other parent’s wishes.

If the co-parents have a joint agreement and one does not have the right to make decisions over the other, they can ask the court to help make a decision. In this situation, judges will want to hear testimony from a medical professional. They will also determine if one parent has a history of making medical decisions on behalf of the child and what their school requires. They may also ask the child for their opinion if they’re older, around ages 12–14.

Parents are facing an unprecedented amount of stress right now. At The Law Offices of Daniel J. Miller, we can help you make sure your current custody arrangement is airtight and meets your needs.

To learn more about our office and how we can help you, or to schedule a consultation, contact us online or via phone at (757) 267-4949">(757) 267-4949.

In China, the divorce rate skyrocketed when COVID-19-related quarantines across the country lifted. Now, many divorce lawyers hypothesize that the same could happen in the US.

Understanding how (and why) COVID-19 affected the divorce rate in China can help married couples prepare for quarantine, and help individuals considering a divorce understand what things might look like once quarantine ends.

The Divorce Rate in China Post-COVID

Writing "the divorce rate increased in China after coronavirus-related quarantines lifted" would probably be something of an understatement. Xian and Dazhou, cities in Sichuan province, reported record-high numbers of divorce filings. Clerks didn't have time to drink water because so many couples lined up to file for divorce. Shangai divorce lawyer Steve Li said his caseload increased 25% after the city's lockdown lifted.

For divorce attorneys in the US, the skyrocketing divorce rate in China left one question unanswered:

Will We See a Similar Escalation in Divorce in the US?

It's too soon to tell, but there are a few factors that indicate the divorce rate might also rise in the US post-lockdown:

• Many couples depend on time apart to survive. For most couples, spending time apart at work or being able to go out with friends and get some time alone is a vital part of what makes the relationship healthy. Couples locked up together for months on end might find that they've grown apart over time and would simply be happier alone.
• There's already precedent for an increased divorce rate after couples are forced to spend time together. Divorce lawyers are busiest in January and August/September—right after the winter and summer holiday seasons end. For many couples, quarantine might result in tension similar to that which occurs during other stressful times of the year.
• Economic and familial instability is increasing. Over 40 million people are unemployed. Since money issues are regularly listed as one of the biggest instigators of divorce, economic uncertainty could spike the divorce rate. Additionally, many parents are now forced to work from home and simultaneously look after children whose schools have shut down. The stress of all these events occurring simultaneously could be enough to push many couples over the edge towards divorce.

Ultimately, only time will tell whether the divorce rate will truly spike post-COVID-19. However, there is a strong precedent to indicate that might very well be the case.

At The Law Offices of Daniel J. Miller, we can help you navigate your divorce with confidence.

To learn more or arrange a consultation with our office, contact us online or via phone at (757) 267-4949">(757) 267-4949.

It's no secret that a criminal record can make everyday life considerably more difficult. From applying for employment to finding housing, a criminal record can stop you from having the quality of life you deserve.

Understanding the steps for expungement can help you get rid of the albatross around your neck and move forward to bigger and better things.

What Is Expungement?

If the court expunges your criminal record, it will no longer be visible to the general public when looking at criminal directories. Potential employers will also be unable to see your record, removing a major barrier for individuals with a criminal record. Generally, you can also tell people you have never been arrested or committed a crime if your record gets expunged.

How Does Expungement Work in Virginia?

In Virginia, your record may be eligible for expungement if:

• you were charged with a crime but acquitted at trial;
• the court dismissed the charges against you;
• another individual used your name or identification to commit a crime without your consent.
   

Unfortunately, Virginia is incredibly strict regarding expunging records for individuals who were convicted by a court. If a Virginia court convicted you of a crime, your record can only be expunged if:

• You were convicted of a crime you didn't commit and are pardoned as a result.

It is also worth noting that if you were convicted of a felony, but the court decided to reverse or dismiss the case, you can request that any acquired DNA evidence be purged from the state DNA database using a DNA expungement.

To file for expungement in Virginia, you should fill out a Petition for Expungement and file it with the circuit court that handled your criminal case. An expungement lawyer can help you understand whether you're eligible for expungement, how to fill out the form accurately and work with you to file it with the correct court.

At the Law Offices of Daniel J. Miller, we work with Virginia residents to expunge their records.

To learn more, contact us online or via phone at (757) 267-4949">(757) 267-4949.

People often underestimate the central role property division plays in a divorce. From determining who gets to keep the family pet, to deciding whether the couple should sell the marital home, property division cases have a huge impact on the lives of everyone involved in a divorce.

Getting a handle on common mistakes made during the property division process can allow you to avoid those pitfalls and set yourself up for success as you move past your divorce.

Common Property Division Mistakes (And How to Avoid Them)

Individuals engaged in the property division process frequently make mistakes that impact them for the rest of their life. If you're going through property division, make sure you avoid the following pitfalls:

• Underestimating immediate post-divorce costs. For many people, the period immediately following a divorce is incredibly financially draining. Some common post-divorce costs include:
  • the down payment on a new house, or first month/last month rent for a new apartment;
  • new furnishings for the living space (many people choose to discard items such as silverware to get a completely fresh start at the end of their divorce);
  • taxes from the divorce (more on this later);
  • a new car (many families share one vehicle, so at least one person will need a new car);
  • any child-related costs (many parents choose to itemize expenses during a divorce to make child custody easier, so you might find yourself paying for your child's entire medical insurance policy).
     

You should start working now to figure out a realistic post-divorce budget. Preparing for post-divorce expenses ahead of time will help you get ahead of the curve and reduce the financial impact of the divorce when it does end.

• Saving taxes for later. For many people, tax season is already one of the least fun times of the year. When you're going through a divorce, it can be tempting to put aside the tax implications of your divorce for later. Don't. Figuring out how your taxes will look post-divorce can be a lifesaver financially. For example, the marital home usually plays a central role in divorces. Let's say you want the home—are you prepared to pay for the estate tax by yourself? Do you want it as an investment, or to live there for the rest of your life? If it's an investment, do you know if the home will appreciate in value over the coming years? Are you prepared for a housing market crash?

Taxes can also impact other assets, such as home offices, investment accounts, etc. You should work with a property division lawyer and a financial professional to fully understand your taxes post-divorce.

• Assuming the outcome of the case. Under Virginia law, the court must divide property "equitably." However, an equitable division does not mean the parties get to split property and assets 50/50. It just means the court tries to ensure that both parties maintain the same quality of life post-divorce that they enjoyed while married. Relying on a specific outcome for your case can come back to haunt you if you get less than expected from the court. Pursue a best-case scenario, but prepare for the worst.

• Not knowing your assets and liabilities. You need to draft a comprehensive list of every asset and liability you possess and submit it to the court during the property division process. Getting started early and making sure you have good copies of important documents like mortgages, income statements, student loans, benefits, investment and bank accounts, etc. is essential.
• Not knowing your partner's assets and liabilities (at least, within reason). Obviously, you shouldn't harass your soon-to-be-ex to try and decipher their assets or liabilities. However, you should try and think about what assets or liabilities you know they possess. If they hide assets during your property division case, you can use that information to receive a more favorable judgment or get the court to impose penalties on your spouse.
• Failing to consider the family pet. Pets are technically considered "assets" and, as such, are subject to the property division process. Because many families care dearly about their animals, deciding who gets to keep the family pet is often one of the more contentious parts of a divorce. Give some thought to how you want to handle the property division process with regard to your pet. Some couples even draft custody arrangements for their pets, exchanging custody of the animal every couple of weeks.

The more prepared you are entering the property division process, the easier it will be for you. At The Law Offices of Daniel J. Miller, we work with Virginia residents to help them navigate property division with confidence.

To learn more about our firm or schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.