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  • Domestic violence charges and protective orders can have a major impact on the lives of those involved, especially if they are in the middle of a family law matter, especially child custody. In family court, child-related decisions are always based on the best interests of a child and, if a parent is facing domestic violence charges or has a protective order against them, it could profoundly affect the outcome of the case.

    How it Can Affect Your Family Law Case

    Although Virginia law does not keep an abusive parent from visiting their child, a protective order or a history of domestic violence will likely impact visitation rights. If your ex is facing domestic violence charges, for example, a judge would place restrictions on their visitation rights. In more extreme cases, however, such as chronic domestic violence, an abusive parent’s rights may be permanently terminated. If you believe your co-parent is a danger to your children and should not have custody or visitation rights, you can use the domestic violence charges or a protective order to your advantage.

    Domestic violence is not limited to physical abuse. It also includes sexual abuse, emotional abuse, and threats of harm against a family member.

    Under Virginia law, a family member includes:

    • A current or former spouse
    • A roommate
    • In-laws
    • People who lived together within the past year
    • People who share a child, even if they do not live together

    Family courts take domestic violence very seriously, so if you are experiencing domestic violence in your household, it is crucial to act quickly to protect yourself and your family.

    Call Our Law Office Today to Speak to an Experienced Family Lawyer About Your Case!

    At The Law Offices of Daniel J Miller, our legal team is backed by more than two decades of experience. You can rely on our attorneys to help you achieve the results you need in your family law case to protect your family. You can rely on us to provide the personalized attention and compassionate advice you need to navigate the complexities of your case.

    Reach out to our law office today at (757) 267-4949 to schedule a consultation with one of our attorneys to get started on your case and learn more about what we can do for you.

    Using Domestic Violence Charges and Protective Orders as an Advantage in Family Law
  • If you are accused of substance abuse or believe your child’s other parent is abusing drugs and/or alcohol, the reality is that this can absolutely play a role in what your custody and visitation agreements will look like.

    The courts in Virginia take addiction and the abuse of drugs and alcohol very seriously with respect to the safety of children. In these cases, the judge will rule on what they believe is in the child’s best interests, which may not align with the interests of a parent.

    Substance Abuse & a Child’s Best Interests

    When a judge evaluates what is in a child’s best interests in a custody or visitation matter, an analysis is conducted to evaluate how a set of factors are affected by a parent’s use of drugs or alcohol.

    These factors include the following:

    • The physical and mental condition of each parent
    • The ability of each parent to assess and meet their child’s emotional, physical, and intellectual needs
    • The willingness of each parent to participate in a close and continuing relationship with their child
    • The role each parent has when it comes to the child’s care and upbringing
    • Any other factors that the court might find relevant when it comes to deciding a custody or visitation matter

    If one parent can successfully demonstrate to a judge that the other parent’s addiction or use of drugs and/or alcohol is detrimental to the welfare of their child, then it can be reasonably expected that the judge will make a decision with those variables in mind.

    The risk to the parent accused of substance abuse involves losing custody and visitation rights, which can forever affect their ability to spend time with and parent their child as they see fit.

    Child Custody During & After Drug or Alcohol Treatment

    Addiction treatment programs usually run for around two months, which can mean spending a lot of time away from one’s child. Understandably, this tends to worry parents who are already concerned that their history with substance abuse will adversely affect the outcome of a custody matter.

    If someone is currently in treatment for a drug or alcohol addiction, a judge may order a custody arrangement that places the child with their other parent or another relative capable of providing care while the first parent receives treatment.

    It’s important to emphasize that these arrangements are usually temporary – that means a parent who successfully completes their treatment program and remains sober has a chance to regain custody or visitation rights. Again, however, these matters are solely decided based upon what the judge deems is in the child’s best interest.

    Does the Type of Substance Abused Matter in a Child Custody Dispute?

    It can, because some addictions expose a child to greater risk than others. For example, the courts are more likely to grant visitation rights to someone who is addicted to alcohol than they are to someone addicted to a “harder” drug, such as methamphetamine or heroin.

    What about Marijuana?

    Marijuana is legal to consume in Virginia for anyone who is at least 21 years old. Despite its legality, however, concerns about a parent’s recreational use of this drug can come up during a child custody dispute.

    Chief among these concerns is the parent’s ability to provide care for their child. If a parent is constantly getting high, they might not be in the proper state of mind to ensure they are providing their child with a clean, safe, and loving home.

    Other concerns include the child’s exposure to marijuana and use of the drug around a child. For example, a child can be distressed by their parent’s behavior while the parent is high – especially if the child requires something and the parent is unable to adequately respond.

    There are also, of course, concerns about children themselves consuming marijuana products like edibles or using their parent’s paraphernalia to smoke or vape the drug.


    What Should I Do If Addiction & Substance Abuse Is a Factor in My Child Custody Case?

    If substance abuse and/or addiction to drugs or alcohol is relevant to your child custody dispute, the best thing to do right now is speak with a family law attorney.

    If you are a parent concerned about the other’s parent’s behavior, we at The Law Offices of Daniel J. Miller can help you investigate your claim and argue for a safer custody and visitation agreement for your child. Likewise, parents who are falsely accused of substance abuse or are in recovery need advocates to help them fight for fair custody agreements – we can help them too!

    For more information about how The Law Offices of Daniel J. Miller can help, contact us online!

    How Substance Abuse Can Affect Child Custody & Visitation
  • Co-parenting children is tough enough during the rest of the year, but it can become especially difficult when the holidays come around. Thanksgiving and winter holidays like Christmas, Hanukah, and New Year’s Eve and Day are special times when lasting family memories are made.

    When parents feel like they have to compete to create these memories, it can result in friction or strife that might put a noticeable damper on the season’s festivities. That’s why people who are co-parenting this time of year should prepare themselves and their children as much as possible.

    5 Ways to Make Co-Parenting Easier This Holiday Season

    If you are in a situation where you and someone else will have to share time with your child during the holidays, the tips below are a few ways you can make the process a little easier.

    1. Talk to Your Children about the Holidays

    One of the best ways to get through the holidays on a co-parenting schedule is to explain the situation as appropriately to your child as possible. If this is the first year that you and your child may not be together for a certain holiday, it’s important to reassure your child that you love them and that some families do holidays differently, like yours will this year.

    It may be difficult to have this conversation with your child, but your primary goals should be to explain what they can expect in an age-appropriate way, reassure them that they’re loved, and do your best to lessen their anxiety about the situation – even if you’re feeling it yourself.

    2. Make Plans with Your Child’s Other Parent

    Your co-parenting plan probably already establishes how you and your child’s other parent will share time with your child during the holidays. If your plans for the holidays are less rigidly established, now is a good time to discuss with the other parent how splitting time with your child will work this year.

    Your plan should include more than simply who gets to spend time with your child and when, though. You should have a detailed plan that specifies when one parent’s time with a child ends and when the other’s time begins, how the child will get from one home to the other, etc.

    Whatever your plans end up being, write them down somewhere. Not only will this be a valuable document to refer to later, but it also establishes a paper trail that can be used to demonstrate whether or not your current co-parenting arrangements are working.

    3. Split Time Evenly

    Under most circumstances, each parent deserves to make happy holiday memories with their children. This means that each parent in a co-parenting situation should consider the child’s needs for an equal amount of time with their other parent.

    Splitting time evenly each year can work out in different ways. If two parents live close to each other, it may be possible for a child to spend some time in each home during a holiday. Time can be evenly split during holidays with multiple days – Hanukkah, Christmas, and New Year’s – allowing a child to spend one or more full days in one parent’s home.

    If parents live further away, alternating between fall holidays and winter holidays can lead to a more sensible time-sharing schedule.

    4. Talk about Activities & Presents

    The holiday season is the best time of the year for most children because they get to do all sorts of fun activities and get wonderful gifts from their parents. If you are co-parenting, you should discuss how you and the other parent will divide events and gifts with your child.

    After all, a child might not like ice-skating the first time, so they may not want to go a second time with the other parent. Receiving a duplicate gift from another parent or relative can also put a damper on Christmas morning.

    Parents should also avoid attempting to “out-do” each other, especially if their financial situations are very different. If there’s a “big gift” that each parent wants to give a child, the cost of it can be shared and the gift can be given together.

    5. Focus More on Special Experiences

    At the end of the day, the holidays aren’t special because of how much money is spent on a child – they’re special because of the experiences children have and the memories they make. If you manage to get through the holiday season doing nothing more than sharing family traditions and spending time with your child, you’re doing it right.

    Plenty of fun activities can be done for little or no cost, either. Consider going on a walk or drive with your child to look at Christmas lights or spending a night watching holiday-themed movies. If your holiday plans involve cooking, share your skills with your child and make your special meal together.

    Conclusion

    Although co-parenting during the holidays can be hard, it doesn’t have to be painful. Depending upon your relationship with your child’s other parent, some of the tips above can help make this season go a lot more smoothly than you expected.

    If the holidays seem unbearable because the other parent is difficult with adhering to a set schedule or seems to be driving your child away from you, it might be insightful to discuss these issues with an attorney. Our lawyer at The Law Offices of Daniel J. Miller can learn more about your situation and advise you of any legal options that make be available to you.

    For more information or to schedule a consultation, contact us online.

    Tips for Co-Parenting during the Holidays
  • Halloween is always an exciting time of the year - particularly for the children and young adults who get to go trick-or-treating. But what happens if someone is injured on another person's property in the pursuit of candy? Knowing the answer could help you pursue the appropriate legal avenues if someone is injured on your property, or you're caring for a trick-or-treater who gets hurt.

    At The Law Offices of Daniel J. Miller, we'll help you find the best path forward in your personal injury dispute. Contact us online or via phone at (757) 267-4949 to schedule a consultation or learn more.

    Can a Homeowner Be Held Liable for Trick-or-Treat Injuries?

    To put it simply: Yes.

    The same standards required to file a personal injury claim successfully - namely, proving that the person responsible for the injury or the owner of the property where the injury occurred caused the injury through negligence - still apply. However, homeowners can indeed be held liable for trick-or-treating injuries.

    If a plaintiff can prove that a home or property owner acted negligently and, in doing so, harmed trick-or-treaters, the home or property owner could face a number of penalties, including paying damages to the injured party.

    What Can I Do to Avoid Injuries on Halloween?

    Firstly, if you don't want visitors at all, make sure your porch light is off. If your porch light is on, you'll be considered liable for what happens to trick-or-treaters on your property, since a lit porch is seen as an invitation for trick-or-treaters to visit your property. If your light is off, you won't have the same legal responsibility to your visitors, which could help you avoid charges if someone is injured on your property.

    In addition to minding the state of your porch light, you'll also want to take the following steps:

    Mind Tripping Hazards or Slippery Surfaces

    This is especially important if you live in an area where ice or snow starts showing up around Halloween. If you're expecting trick-or-treaters, you should warn them of any potential tripping hazards before entering your property to help avoid a slip-and-fall case.

    Make sure the path to your door is well-lit. Consider using a snow or ice-melting mixture on the path if snow or ice is present to help your visitors stay on their feet. You may also want to post a well-lit sign at the entrance to your property that clearly warns visitors of any tripping hazards you are aware of.

    Make Sure Your Treats Won't Break Teeth

    Many people love baking treats and candies for trick-or-treaters instead of furnishing them with store-bought goods, but be careful if you want to go this route. Put some time into ensuring that your homemade treats aren't too hard and won't run the risk of chipping a tooth.

    Additionally, you should make trick-or-treaters - and their caretakers - aware of what ingredients any treats you give out contain. The last thing you want is a trick-or-treater with an allergy to an ingredient you used consuming your treat.

    Be Careful with Decorations

    Many homeowners love to coat their yards with scary props on Halloween, and if it's a favorite pastime of yours, you don't need to stop - however, you should take the proper safety measures.

    Consider warning visitors about potential scares on a sign at the entrance to your yard (perhaps the same one warning of any tripping hazards). Keep in mind that you can't predict how people will react to scary props - you don't want an exceptionally frightened trick-or-treater to fall or faint out of fear and hit their heads on the ground. As with many things in life, it's always better to err on the side of caution if you're not sure how scary you should make your yard on Halloween.

    The fear of being held liable for trick-or-treating injuries on Halloween shouldn't stop you from having fun with your yard and the decorations in it, but it should encourage you to take the proper safety measures to ensure the security of your guests. Happy Halloween!

    At the Law Offices of Daniel J. Miller, our team will help you navigate your personal injury dispute. To schedule a consultation with our team or learn more about how we can help with your case, give us a call at (757) 267-4949 or contact us online.

    Who's Liable for Trick-or-Treat Injuries? Trick-or-Treating & Personal Injury
  • According to Virginia mask law, section 18.2-422, individuals over the age of 16 can't wear masks "with the intent to conceal" their identity. As a result, many young adults and parents over the age of 16 are left wondering: "Could I be arrested for wearing a mask on Halloween?"

    In today's blog, we answer this question and more. To schedule a consultation with our team for your criminal defense case and work with a team who cares, contact us online or via phone at (757) 267-4949.

    What Does Virginia Mask Law Say?

    First, let's look at the specific wording provided in section 18.2-422:

    "It shall be unlawful for any person over 16 years of age to, with the intent to conceal his identity, wear any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing."

    This section of Virginia law has an interesting bit of history behind it - it was originally conceived to criminalize terrorism. According to Dr. Darryl Brown, a professor at the University of Virginia:

    "The law's original purpose, after all, was to prohibit mask-wearing by Ku Klux Klan members and other potential criminals or domestic terrorists who wear masks to display messages or conceal their identities."

    To get it out of the way: The mask law won't impact the majority of trick-or-treaters, since it doesn't affect anyone under the age of 16. If an individual aged 16 or older does wear a mask as part of a Halloween costume, they could face charges, but the chances of such charges resulting in criminal penalties are probably minor.

    Firstly, intent is important. The individual wishing to press charges against a mask-wearer 16 or older would have to prove that the person intended to conceal their identity. Secondly, they'd have to prove the person they're accusing is old enough to be impacted by the mask law. Safe to say, homeowners who are willing to engage with trick-or-treaters in the hope they catch an older teen or adult wearing a mask so they can levy the mask law against them are probably few and far between.

    There are also some additional exceptions to the law:

    • Masks worn as part of traditional holiday costumes are exempt, which could be used to argue for the legality of masks that are clearly part of a Halloween costume;
    • Individuals who require a mask for protection due to a medical condition or professional dangers can still wear one, although people with medical conditions requiring a mask must have an affidavit from a licensed physician or osteopath.

    Virginia Mask Law & COVID-19

    Concerns about trick-or-treaters aside, the mask law has consistently made the news over the past year and a half because it could impact people who choose to wear masks to decrease their chances of contracting COVID-19.

    Although Dr. Brown said he would be "very surprised" to see the police enforcing the mask law on people clearly wearing medical masks as COVID-19 protection, it could happen. On the behalf of the state legislation, a spokesperson for Governor Ralph Northam did report that the Governor is committed to ensuring individuals can wear medical masks to protect against COVID without fear of repercussion.

    As with the application of the law to trick-or-treaters, chances of an individual actually facing penalties for wearing a medical mask are incredibly slim. Once again, the plaintiff would need to prove that the masked individual was attempting to "conceal their identity."

    In most cases, people who wear medical masks for COVID do not make any attempts to conceal other identifying factors, such as their hair, clothes, or accessories. Given the statements from the Governor's office and the fact that wearing masks has been recommended by federal agencies such as the Centers for Disease Control, it's safe to say that chances of facing charges for wearing a medical mask are slim.

    At the Law Offices of Daniel J. Miller, our team can help you pursue the ideal outcome in a criminal defense or family law case. Give us a call at (757) 267-4949 or contact our office online to learn more.

    Is Wearing a Mask for Halloween Illegal in VA?
  • As we enter yet another school year in an uncertain climate, many parents and children are bound to have difficulty adjusting as they return to classrooms and offices. For children, stress sometimes manifests in fighting with siblings or at school - but what are the consequences? Understanding the intersection between juvenile crimes and fighting at school or with siblings can help you ensure your child stays safe throughout the year.

    To schedule a consultation with our team for your juvenile crimes case, contact us online or via phone at (757) 267-4949.

    Can Sibling Fighting Result in Domestic Violence Charges?

    Let's start with the topic of sibling fighting. To put it simply, yes, sibling fighting can result in one or both siblings receiving domestic violence charges.

    While most people think of domestic violence, they imagine a spouse abusing their partner. However, when siblings abuse each other - whether sexually, physically, or verbally - that may also qualify as domestic violence.

    In some cases, a parent or sibling may file a domestic violence charge against their child or sibling. Other times, a CPS investigation reveals domestic violence, and the state chooses to file domestic violence charges against the participating parties as a result.

    Regardless, the outcome of domestic violence cases involving sibling fighting can vary depending on the details of the case. If one party was principally responsible for the abuse, the survivor/victim of the abuse may be able to obtain a protective order against them. This may result in the abusive sibling needing to leave the house or remain a certain distance from their sibling at all times, among other restrictions. In cases where the parents were aware of the abuse but did nothing to stop it, they may be charged with neglect and lose custody of both siblings, even if the siblings are separated from each other.

    Additionally, depending on the severity of the violence, the abusive sibling may be tried as an adult (if 14 years of age or older). To learn more about what factors may cause a juvenile court to transfer the jurisdiction of a juvenile to a circuit court so they can be tried as an adult, read this blog.

    The wide range of potential penalties for sibling fighting makes having a reliable domestic violence and juvenile crimes lawyer beneficial to all parties involved in sibling violence cases.

    Now, let's look at how fighting at school may impact children.

    Can Fighting at School Result in Criminal Charges in VA?

    Students who engage in physical violence on school grounds may be charged with assault and battery. Depending on the severity of the case, as with sibling fighting, students who engage in physical violence to a certain degree may be tried as adults. Alternatively, students may be disciplined by their place of education, or receive a sentence from a juvenile court.

    The penalties levied toward students who engage in violence on school grounds vary widely depending on the severity of the case. Schools can take the following measures:

    • Remove a child from their classroom;
    • Present a student with an alternate learning or attendance plan (for example, creating a schedule that ensures two students who fight don't share classes with each other);
    • Present a student with incentives for positive behavior;
    • Offer mediation services to the fighting students to help them resolve their differences;
    • Offer a community service penalty to students in lieu of more serious charges;
    • Suspend or expel a student who fights on school grounds if the behavior is a recurring problem or the student harms another individual seriously enough;
    • Report the behavior to another authority, such as law enforcement, which may result in assault and battery charges - misdemeanor or felony - against the student(s) involved.

    If a student is charged with assault and battery, the penalties they receive can vary depending on whether they are tried as a juvenile or an adult. Individuals tried as adults may receive a jail sentence and/or fine, while individuals tried as a juvenile may need to take certain steps for rehabilitation or receive similar penalties in the juvenile system.

    At the Law Offices of Daniel J. Miller, we'll help you seek the best outcome for your child in your juvenile delinquency case. To schedule a consultation, contact us online or via phone at (757) 267-4949.

    Fighting Between Siblings & at School in VA - What Are the Consequences?
  • Whether your child is facing criminal charges or you're simply interested in how juvenile delinquency laws work in Virginia, understanding how courts handle criminal charges for minors can be helpful for parents.

    At the Law Offices of Daniel J. Miller, our attorneys are here to help you navigate your juvenile defense case. Contact us online or via phone at (757) 267-4949 for more information.

    Can a Minor Be Tried as an Adult?

    Yes. In Virginia, minors as young as 14 years of age can be tried as adults.

    If a minor commits a criminal act, the manner falls under the jurisdiction of a juvenile court. If a juvenile court has probable cause to believe that a minor 14 years of age or older committed a crime that would be a felony if committed by an adult, the court can transfer jurisdiction of the case over to a circuit court, which can then try the child as an adult.

    The court must notify the juvenile, their parents or whatever individual is acting as their guardian or legal custodian, and the juvenile's attorney of the decision to try the child as an adult.

    Before transferring the case to the jurisdiction of a circuit court and having a minor tried as an adult, the court must evaluate a wide range of factors, including:

    • The competency of the juvenile - in other words, their mental and physical health, and their awareness of their actions. The juvenile must be competent to be tried as an adult;
    • Whether remaining in the juvenile system would enhance the juvenile's chances of rehabilitation. If so, the court may choose to keep them in the juvenile system;
    • The severity of the crime. The court has a greater chance of transferring jurisdiction to a circuit court if the crime was committed in an aggressive, violent, or premeditated manner. The severity of the crime and who or what it was carried out against also play a role in the case;
    • Whether the juvenile has already had the opportunity to be rehabilitated through the juvenile justice system;
    • Whether the juvenile has any previous criminal history;
    • Whether the juvenile has a condition, such as a mental illness, that could factor into the case, as well as their emotional and physical maturity;
    • The juvenile's life prior to the crime, including their academic background.

    Having an attorney who understands the ins and outs of the Virginia juvenile system is vital if you want to obtain the best results in your juvenile defense case.

    To schedule a consultation with an attorney who will fight fiercely for your child's rights, contact us online or via phone at (757) 267-4949.

    Trying Children as Adults in VA - The Ins & Outs of Juvenile Delinquency
  • Unlike some "no-fault" divorce states, Virginia does allow spouses to file for fault-based divorces. Proving your spouse committed adultery could enable you to achieve a better outcome in your divorce, especially during the property division process.

    At the Law Offices of Daniel J. Miller, our attorneys will help you pursue an adultery-based divorce if it's the best option, or work with you to find the best path forward in your divorce. Contact us online or via phone at (757) 267-4949">(757) 267-4949 to schedule a consultation with our team.

    How Can I Prove Adultery in a Divorce?

    Virginia law defines adultery as "sexual intercourse by a married person with any person who is not their spouse."

    Courts have a high standard of proof when it comes to supporting allegations of adultery in a divorce case, meaning you must have "clear and convincing" evidence that adultery occurred. Importantly, emotional or mental cheating do not qualify as adultery. Your spouse must engage in physical intercourse with another party for the court to agree they engaged in adultery.

    You must also have at least one third-party witness who can corroborate your allegations of adultery. Even if your spouse admits they committed adultery, you need another party who is willing to support those allegations as well. This may seem like a high standard of proof, and it is, but it's designed to prevent a spouse from blackmailing or coercing their partner into admitting to adultery they didn't actually commit.

    It's especially important to note that adultery can be proven using circumstantial evidence. In other words, evidence such as e-mails, text messages, or social media direct messages could be evidence to prove adultery. However, these forms of evidence must show that your spouse engaged in physical intercourse with the other party.

    So, a message from your spouse to someone telling them that they'd like to engage in intercourse or look a certain way would not be enough to prove adultery. However, if your spouse sends a message to another person saying that they enjoyed having intercourse with them, and the other person agrees that intercourse took place, it may be enough evidence to prove that adultery took place. In many cases - especially today, during the social media age - forms of evidence such as direct messages are the backbone of adultery allegations and cases.

    If you don't have such evidence, you may want to look into hiring a private investigator to prove adultery took place. If you're positive that adultery occurred, hiring a private investigator may end up being an investment that pays for itself during the outcome of the divorce, which brings us to the next section of this blog.

    What Are the Benefits of Proving Adultery in My Divorce?

    Proving adultery rarely impacts child custody or support arrangements. Courts tend to hold the position that, while adultery may be immoral and lead to the breakdown of a marriage, it doesn't necessarily mean the adulterous parent has worse parenting abilities than their more faithful spouse.

    However, if the adulterer chooses to bring the individual they cheated with into their life, and that person is a negative influence on the children, it could change the outcome of your custody case. For this to be the case, however, you may have to prove that the partner in question is indeed harmful to your children or their lives in some way. Regardless, courts tend to look unfavorably on individuals who immediately bring another partner into their life while a divorce is still ongoing, which could impact the your custody battle somewhat.

    When it comes to property distribution, adultery may not change the outcome significantly. You won't be entitled to more than 50% of your spouse's marital assets or liabilities even if you prove they committed adultery and, importantly, your own property will not be off the table for distribution either.

    If you want your adultery allegations to impact your property division case, you need to prove that your spouse's adulterous activities had a negative impact on your finances. Fortunately, in most cases where couples keep their funds in a joint bank account, this will be the case. You may be able to prove that your spouse was withholding funds you should have had access to, or was spending funds that you both owned on their endeavors. Either way, the court will probably compensate you for your spouse's adultery. In high-asset divorces or cases where the adulterous party spent a significant amount on their trysts, this can lead to a well-timed financial windfall that could help you pay for post-divorce expenses more easily.

    Where adultery does tend to have a guaranteed impact on a divorce is concerning spousal support. In many divorces, if one partner is the primary breadwinner, they may need to pay their spouse alimony post-divorce. However, if that spouse can prove that alimony played a role in their divorce, they may no longer be responsible for spousal support payments. This can be a huge boon for potential alimony payors, especially in high-asset divorces.

    In cases where the adulterous spouse can still receive alimony, their support payments may be significantly reduced, which is still a win for the payor.

    How Could My Spouse Defend Themselves?

    Spouses who find themselves alleged of adultery often defend themselves by:

    • Claiming the other party knew of the adultery and still maintained the relationship, or encouraged the adulterous behavior, both of which may prevent the adulterous spouse from being penalized;
    • The other party engaged in adultery as well (in cases where the accused party did not commit adultery but can prove the other did, this can be called a "recrimination" defense);
    • The adultery occurred more than five years ago, which means the statute of limitations has passed and the court can no longer grant a divorce on the grounds of adultery.

    Should I Pursue Adultery Allegations in a Fault-Based Divorce?

    This is a question that can really only be answered by a seasoned divorce attorney. In some cases, a spouse may simply be unable to provide convincing evidence of adultery to the court, or may need to expend more resources on proving adultery than they will get back from the court or divorce decree in reparations for doing so.

    However, in other cases where a spouse has solid evidence of adultery or knows it would be easy to procure solid evidence, and significant financial assets are at stake, using adultery as a ground for your divorce could easily be worth it.

    Filing for a fault-based divorce on the grounds of a felony conviction or adultery is one of the quickest ways to divorce because you may be granted an immediate absolute divorce. Other reasons for fault-based divorces include cruelty, bodily harm, abandonment, and desertion.

    At the Law Offices of Daniel J. Miller, our attorneys will help you pursue an adultery-based divorce if it's the best option, or work with you to find the best path forward in your divorce. Contact us online or via phone at (757) 267-4949">(757) 267-4949 to schedule a consultation with our team.

    Proving Adultery in Virginia - Getting a Fault-Based Divorce in VA
  • As a parent, you want the best for your child. During custody disputes, parents are often unsure of where exactly their child will end up going to school, and how details such as the custodial parent's location will impact that decision.

    Today, we're covering how Virginia handles custody and schooling, as well as tips for ensuring your child receives the education they deserve - and how doing so could help your co-parenting relationship.

    To schedule a consultation with our team at the Law Offices of Daniel J. Miller for your case, contact us online or via phone at (757) 267-4949.

    Where Will My Child Go to School in Virginia?

    The type of custody arrangement you have will have a significant impact on where your child goes to school.

    In sole custody arrangements, where one parent has total legal and physical custody of the child, that parent typically gets to decide where their child attends school. However, sole custody arrangements are fairly uncommon unless the court declares one parent unfit.

    Primary physical and joint legal custody arrangements - wherein the child spends more time living with one parent than the other, but both have the right to make decisions for their child - are more common.

    In many primary custody arrangements, the parent the child spends most of their time living with - the custodial parent - takes precedence when deciding where the child attends school, since they'll need a location they can get to easily. However, the noncustodial parent - whichever parent the child spends a minority of their time living with - will still get input, since they do have legal custody rights.

    Some parents are engaged in a joint physical and legal custody arrangement, wherein the child spends roughly equal time with each parent. In these types arrangements, determining where a child "should" go to school can be challenging since each parent technically has an equal right to enroll their child in the school of their choice.

    Typically, decisions concerning where a child attends school are either:

    • Part of a parenting plan the parents draft themselves, if they can reach an agreement; or
    • Left up to the discretion of the court and the judge presiding over the case, if the parents cannot agree on where their child should receive an education.

    Either way, by the time your custody case is finalized and you receive your custody order, you should know where your child is going to school and have an arrangement in place for how you'll handle matters such as governing their education and exchanging custody.

    What Should We Take Into Account When Choosing a School?

    If you're working with your co-parent to decide where your child should attend school, you'll want to take the following considerations into account:

    • Public or private? You and your spouse may have differing opinions on whether your child should obtain a public or private education. Matters such as income can play a big role in this decision, so make sure you're both on the same page.
    • Does religion play a role? If you and your spouse have different preferences concerning your child's religious education, it could be a source of conflict. Try and collaborate to figure out something that works for both of you.
    • Where will you be living? If possible, choosing a school that's close to you and your co-parent will make your lives a lot easier, especially if you have a flexible custody arrangement. Otherwise, consider prioritizing custody according to whichever parent will have the child on more school days/nights.
    • Will you attend school events together? If so, again, choosing a school that's close to both of you will be advantageous. You'll also want to discuss how you'll approach events such as parent-teacher conferences if only one of you wants to go, or you'd both like to know a teacher's concerns but don't feel comfortable attending together.
    • What are your boundaries for your child's education? For example, how much time do you expect them to spend on homework per day? What extracurriculars can they participate in? Reaching a mutual agreement on academic boundaries - and enforcing those boundaries - is crucial if you want an effective co-parenting experience.
    • Is each parent in charge of different aspects of the child’s education? For some parents, dividing responsibilities – so, for example, one parent handles sports-related activities while the other supervises homework – works well. In other custody arrangements, parents may prefer to collaborate on all aspects of their child’s academic and extracurricular activities.

    At the Law Offices of Daniel J. Miller, we'll help you navigate your child custody case, working with you to ensure you pursue the best outcome for your child and their future.

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

    Where Will My Child Go To School? Understanding the Relationship Between Schools & Custody