Blogs from 2022

Sometimes, it’s not enough for something to be illegal on its own. Police can arrest you for one crime, trying to prevent another.

Recently in Virginia, police conducted a large prostitution sting, claiming that it was an effort to shut down human trafficking. The flaw in this logic is evident once you think about it. Instead of spending its resources on tackling modern slavery directly, the police focus on something that might be linked to human trafficking. They would rather go after consenting adults involved in a financial transaction.

Furthermore, the department can use this sting as a public relations stunt. This operation will make it look like they are concerned about human trafficking without really facing the issue head-on.

In this article, we will broadly discuss Virginia’s prostitution laws and provide defense strategies against alleged offenses.

What Qualifies as Prostitution?

Put simply, prostitution is directly offering sex acts in exchange for money. Technically, the crime is in making the deal. Once one person overtly offers sex for money or the other person agrees to pay for sex, they have broken the law.

How Do Police Make Prostitution Arrests?

Cops can use many methods to accuse someone of prostitution, most of which involve undercover work.

• Police can pose as either prostitutes or “johns” (the person paying for sex). They can make or accept offers, depending on the situation. When posing as prostitutes, they can simply engage in “streetwalking,” where they dress in a way that makes people assume they are prostitutes. If someone stops and asks for sex, the police can easily secure their arrest from there.
• Law enforcement can place coded, online ads, either as prostitutes or johns. Popular sites include Backpage and Craigslist. Transactions like these often take place in hotel rooms. The undercover officer will be in one room, with the rest of the team in the other. When the undercover cop gives the word, the team can rush in and make the arrest.

Virginia’s Prostitution Penalties

The crime is a Class 1 misdemeanor, the highest of its kind. It can result in up to 1 year in jail and fines up to $2,500. Alleged repeat offenders can face higher penalties the more they are charged.

Defenses Against Prostitution Accusations

Insufficient Evidence

Remember, the crime rests within the actual conversation between the prostitute and their customer. Police often do not record this conversation, so you can refute that the offense ever took place. At that point, the case becomes a “he said, she said” situation, which could sow enough doubt in your case to secure your release.

You Did Not Make the Request

Words on paper are not the same as words spoken aloud. People use tone of voice and facial expressions to convey irony or sarcasm, meaning that they don’t really believe what they are saying. If a playful joke was misinterpreted as a sincere request or offer for sex, you can explain this situation to the court.

Entrapment

An undercover sting is not the same as entrapment, and police are allowed to lie about being cops.

Entrapment is more complicated than that. Essentially, it is a process where the authorities lure you into committing a crime you wouldn’t have committed otherwise.

Traditionally, entrapment is difficult to prove in court, especially in a prostitution arrest. Entrapment does, however, happen in these scenarios. For instance, an undercover officer could offer a potential john sex for money. The john refuses, but the officer keeps working in the same location.

Day after day, the undercover cop coaxes the same person, trying to get them to make an offer. Eventually, the john gives in, and suddenly finds themselves under arrest.

If you believe you were a victim of entrapment, tell your attorney every detail of your case. They can help you decide whether you have a strong claim or if you should attempt a different defense strategy in court.

Our firm is here to help defend you against prostitution charges. If you’re facing this accusation, fill out our online contact form or call us now at (757) 267-4949.

Being accused of possessing or viewing child pornography is a horrible experience. It ruins reputations, and the alleged offender can lose their job or even their housing. Furthermore, they may be forced to register as a sexual offender, limiting where they can live. All these consequences can be heaped on someone who never laid a hand on a child.

In this article, we will broadly explore the topic of child pornography allegations, specifically how they relate to Virginia citizens.

4 Ways You Could Be Falsely Accused of Child Pornography

1. Hacking

These days, simply scrolling through the internet is risky. Many websites can attach themselves to your browser, downloading and uploading material without your knowledge. This problem compounds if you visit sites featuring adult material with people engaged in consensual acts.

Furthermore, some unscrupulous actors specifically target people in internet blackmail schemes. They can place files onto your computer without your knowledge and hold you hostage with those files later.

With all this activity, you’re never fully sure of what’s on your computer or phone. It’s important to regularly run virus checks on your computer. These programs can help clean out unwanted files you never asked for, keeping you free from ugly legal problems.

2. Metadata

Metadata is extra information attached to a file. With images and videos, metadata can tell you when the file was created, who created it, where it was created, and so on.

Clever hackers can manipulate this data, creating false origin points. Doing so can implicate people who were never involved in creating or distributing these files.

3. Juvenile Communications

Age of consent laws get fuzzy as people enter adulthood. For instance, some states allow an 18-year-old to be in a consensual relationship with someone a couple years younger. Others draw a hard line at 18.

Virginia is one of these hardline states. Technically, it is unlawful for someone who just turned 18 to be in a sexual relationship with someone just one month younger.

This standard creates a problem when it comes to child pornography. Imagine an 18-year-old who shares sexual images with their 17-year-old boyfriend/girlfriend. The images are completely consensual, and no one is distributing or selling them. Technically, an angry parent could accuse the young adult of child pornography.

4. Misunderstood Images

We live our lives on social media. People post pictures of their children or even create separate profiles just for that purpose.

Completely innocent images could be misinterpreted by overzealous followers. They could accuse you of distributing child pornography, leaving you to wonder how you got into this situation.

Virginia’s Child Pornography Penalties

The state recognizes two different offenses: possession and distribution. Penalties grow more severe with each passing offense.

Possession

A first offense is a Class 6 felony. A guilty sentence can result in up to 5 years in prison and fines up to $2,500.

For a second offense or more, alleged offenders are charged with a Class 5 felony. Punishments include up to 10 years in prison and fines as high as $2,500.

Distribution

Distribution of child pornography is a more severe offense than possession. The law wants to stop the issue at its source, and it assumes that the distributor was somehow involved in creating the material.

A first-time offender faces an “unclassified” felony. If convicted, they could spend up to 20 years in prison. When the crime involves a website that takes in money to view the illicit images, the charge becomes a Class 4 felony, with prison terms of up to 10 years and fines up to $100,000.

If convicted two or more times, the penalties remain mostly the same, except there is a mandatory 5-year prison sentence.

Our firm is here to help defend you from criminal allegations. We will listen to your side of the story, and we will dedicate ourselves to helping preserve your innocent. For a free consultation, call us today at (757) 267-4949 or contact us online.

Child custody cases are often viewed as two parents contesting how they try to convince the court to consider their rights and interests. But in reality, child custody cases are between three parties - the two parents and the children. Each parent is strongly encouraged to obtain their legal representative in a child custody case to argue and fight for a favorable outcome. However, children do not hire their legal representative to argue for their interests. Instead, the court-appointed Guardian ad Litem will look into a child custody case and make proper recommendations on what outcome is in the child’s best interest.

What is a Guardian ad Litem (GAL)?

The term Guardian ad Litem is translated to mean a "guardian for the lawsuit." Typically, a Guardian ad Litem are individuals, generally lawyers, that the judge of a family custody case appoints to do the following:

• Protect the rights and interests of the child;
• Conduct independent investigations and interviews;
• Provide the court with a report that analyzes the best interests of the child; and
• Participate in court hearings or mediations representing the interests of the child.

The Commonwealth of Virginia relies on the Guardian ad Litem to provide an independent recommendation to the court on what is best for their client, which is the child, which may not necessarily be what the child would want. This means that a Guardian ad Litem has to assess the family dynamics and the child's needs instead of simply taking in the child's preference.

It is essential to understand that a Guardian ad Litem only represents the child in the case and not either parent, even if the child is under the custody of one of the parents.

Why Does My Guardian ad Litem (GAL) Not Like Me?

There are numerous reasons why you might have a tense relationship with the appointed Guardian ad Litem or if you feel they might not like you or perceived not to like you. Some of the possible reasons for a challenging relationship with your Guardian ad Litem could be one of the following:

• If the GAL feels that you are not cooperating with them;
• If the GAL perceives that you do not respect their role in the child custody case.
• If the GAL determines that you are coaching your child on what to say to them or the court;
• If you send numerous texts and emails or call the GAL constantly without respecting their time or boundaries;
• If the GAL determines that you are not receptive or responsive to the needs of the child or the requests of the court; or
• If you are not prepared with the documents the GAL or the court has requested.

Should I Get Legal Counsel Even If a Guardian ad Litem (GAL) is Assigned to My Child Custody Case?

Absolutely. You should obtain legal counsel even if the court assigns a GAL to your child custody case.

In your child custody case, obtaining legal representation for your interest as a parent is vital. A Guardian ad Litem is not a lawyer that will represent your interests and rights as a parent. Instead, the court-appointed Guardian ad Litem is tasked to ensure that the rights and interests are represented solely from your child's perspective. The Guardian ad Litem will not consider the interests and rights of any parent. Hence, each parent must have a lawyer representing their respective interests. In addition, a lawyer representing your rights and interest can help you navigate how to deal with a Guardian ad Litem.

Does an Appointed Guardian ad Litem (GAL) Have Any Role in The Outcome of My Child Custody Case?

Yes, a Guardian ad Litem has a significant role in the outcome of a child custody case.

Even though a Guardian ad Litem is not a judge in your child custody case or a lawyer for the parties, they play a vital role in the child custody process and, ultimately, the case's outcome.

As noted above, a Guardian ad Litem is appointed by the court to assist them in the decision-making process by recommending what is best for the child based on the independent investigation they have conducted.

The Centers for Disease Control and Prevention (CDC) has long highlighted the benefits of breastfeeding to a baby's health. This benefit is undisputed and supported by the courts as they determine that the proper custody arrangement reflects what is in the child's best interest. However, breastfeeding a child is not the sole reason a mother can get more time with a child or stop the other parent from the custody of the child.

Does a Nursing Mother Automatically Get Preference in a Child Custody Negotiation Under Virginia Law?

No. Breastfeeding does not necessarily give the mother a more favorable outcome on the child's custody agreement.

Although breastfeeding benefits a child's well-being, it is not guaranteed to give a mother more time with the child than the father. Instead, as appropriately adopted by most states, the court determines the totality of the circumstances and rules on the child's best interest. This means that breastfeeding is only one of the factors that the court must consider to determine the rightful custody agreement.

Nonetheless, a parent may present evidence to support their claim regarding breastfeeding. Such evidence may include, but is not limited to, the following:

• The current age of the child
• How long has the child been breastfeeding
• The consistency or schedule of the breastfeeding of the child
• Whether a child takes a bottle or eats solid food
• How feasible and sustainable is it for the breastfeeding mom to pump and provide breast milk to the other parent to feed the child
• The potential impact on the child's well-being if the child is to be weaned from breastfeeding

Ultimately, the court would rule in favor of what is in the child's best interest and not only on whether the child is breastfed by their mother or not.

What Does the "Best Interest of a Child" Mean?

The "best interest of a child" is the general standard adopted by all states in determining child custody agreements. However, the term "best interest of a child" is not set by a specific definition. Instead, the court has to deliberate on many factors applicable to the case to understand how they can render a custody agreement that is best for the child's overall well-being.

Under Virginia law, the courts will consider the following factors:

• Age, physical, and mental condition of the child;
• Age, physical, and mental condition of each parent;
• The existence and condition of the relationship between each parent and the child;
• A child's needs to maintain meaningful relationships with siblings, extended family, or peers.
• The existing and future role of the parent in the upbringing and care of the child;
• Each parent's tendency to support the child's relationship with the other parent;
• Each parent's willingness and demonstrated ability to co-parent effectively.
• The child's expressed preference. However, this is only applicable if the child has reasonable intelligence, understanding, age, and experience to express such a preference.
• There is a family history of abuse or violence within the past ten years.
• Other factors that the court may deem necessary and proper to consider.

Can a Child Custody Arrangement Be Modified After The Child is No Longer Breastfeeding?

Yes. A child custody agreement may be modified if the child is no longer breastfeeding.

Under Virginia Code § 20-108, a custody order may be subject to modification if:

• There has been a material change in circumstances; and
• Such amendment to the custody order is in the best interest of the child

A "material change of circumstances" is something significant that has changed since the current arrangement was adopted. As such, a child that has stopped nursing from their mother is considered a material change of circumstances. Thus, a parent can request that the existing child custody arrangement be modified based on this change, provided such modification caters to the child's best interest.

The term “domestic violence” often conjures images of an abusive spouse terrorizing the home. This scenario certainly exists, but legally, the crime is much broader than that. Domestic violence can happen between any intimate partners, but this can mean people who just started dating or had only a one-night fling. Any two people who live together could be accused of domestic violence, even if they have no contact outside the house.

Furthermore, a domestic violence charge can happen between blood relatives, regardless of how close their relationship is.

A domestic abuse accusation can ruin your life, especially when it involves a family member. People who don’t know the full story will assume that you’re a spouse-beater, and the charge will come up on background checks.

If you’ve been accused of domestic violence, here are some defenses you can discuss with your attorney.

You and the Family Member Are Estranged

Imagine this scenario: Two sisters with bad blood agree to attend Thanksgiving dinner with the whole family. As the night wears on and the alcohol flows, a physical altercation breaks out among the siblings.

Technically, either sister could be accused of domestic violence, which simply isn’t fair. These sisters rarely speak to or see one another. They are essentially enemies who avoid each other.

You may be able to use this kind of estrangement as a defense in your case. This claim doesn’t necessarily deny that the violence occurred. It simply argues that a domestic violence charge is unreasonable. You and the alleged victim are mostly strangers, which is not the same as someone who beats their spouse or other live-in relatives.

You Engaged in Mutual Combat

Domestic violence, as a criminal charge, should be reserved for someone who abuses the people in their home. It should also apply to a dangerous ex who harasses and abuses their former lover.

Let’s return to the sisters we mentioned above. If one of them hit the other one by surprise, then the attacker should be held responsible for their assault. What if, however, both of them stood up, started taking off jewelry, and got into a fighting stance before the violence began? You can make a strong case that they both knew they were in a fight and consented to it. This is called “mutual combat,” and it can work as an effective defense.

You Acted in Self-Defense

In Virginia, you have the right to defend yourself against a physical attack. Your relationship with the attacker is irrelevant.

Justified self-defense requires the following:

• A genuine belief that you are in danger
• That danger is imminent
• Not fighting back could lead to serious bodily harm
• The defense is proportionate to the attack

You Made Accidental Contact

In a heated argument, you often point, wave your hands, and gesture wildly, and you’re probably not paying much attention to these actions. It’s easy to accidentally hit someone or knock them over. Out of anger, frustration, or plain revenge, they can turn around and accuse you of domestic violence.

Intent is a big part of any criminal accusation. If you didn’t mean to hurt someone, you can use this fact as a legitimate defense in your case.

You Didn’t Have Any Other Choice

Picture a situation where someone in the home is having an explosive mental health crisis. They are screaming, crying, and throwing things. You try to calm them down, but nothing works. Out of desperation and fear, you lash out and slap them.

It’s important to uncover all the facts in a criminal case. Human behavior doesn’t always fit into a nice legal box. Technically, lashing out at someone is against the law, but a good lawyer can help create understanding in your case. If there is any doubt about your intent, you could remain free of a guilty sentence.

Our firm can is here to help those who’ve been accused of domestic violence. For a free consultation, reach out to us online or call us at (757) 267-4949.

Contemplating divorce is hard; going through it with a narcissistic soon-to-be ex is another battle. In addition to the stress of a relationship breaking up and changing family dynamics, divorcing a narcissistic person would mean dealing with blackmail, violence, manipulation, and unreasonableness. These narcissistic traits generally lead to a longer divorce process and significant financial burdens for the divorcing couple. In these difficult circumstances, a person seeking a divorce must be prepared to keep their and their loved ones safe and have relevant documents available to support their divorce petition.

Some of the essential things a person anticipating a contentious divorce with a narcissistic partner keep the following in mind:

Gather Financial Information

A significant aspect of a divorce is the couple’s financials. Financial information is vital to any divorce as it may affect alimony, child support, or the division of assets. A narcissistic spouse could lie, withhold, or manipulate financial information about marriage. To alleviate this risk, it is critical for a person contemplating divorce to get this information as soon as possible.

Financial information may include but is not limited to bank records, investment records, debt, income, and a list of properties.

Collect and Organize Personal Documents

In addition to the financial information, a person with a narcissistic spouse should have their documents handy or set aside at a safe location. This is critical as a problematic situation may arise where a person may have to flee the shared home unexpectedly, or they may be locked out of collecting their belongings and should have certain documents handy or set aside at a different location. Although replacing personal records is possible, it usually takes significant time and effort. Moreover, these documents are generally used for filing a divorce, incident reports, and everyday living.

These critical personal documents may include but are not limited to passports, birth certificates, marriage certificates, and identification cards.

Keep Detailed Notes of Important Conversations and Encounters

Narcissistic people tend to lie and manipulate the situation to serve their purpose. It is best to keep emails, letters, or detailed notes of conversations, interactions, or conditions documenting what happened to combat issues during the divorce process. This information may be valuable during the divorce when the narcissistic spouse attempts to manipulate the situation or recollection of an encounter.

Have a Safety Plan For You and Your Loved Ones

Narcissistic people tend to use violence if they do not get their way. During this tense time, the safety of the person initiating the divorce or the children may be threatened. A person must have a safety plan to ensure their safety and sanity during this severe event. Having a safety plan may mean they have a person who could protect them or a place where they can seek shelter while they plan or go through the divorce process. Such a safe place can be a local shelter, family member, or a trusted friend.

A thorough safety plan also includes having cash set aside. This is particularly important, especially if a person has to leave the premises immediately or would have unable to access the couple’s home or bank. By having some cash at hand, a person can safely seek shelter or facilitate a safe way to live away from a narcissistic spouse.

The Law Offices of Daniel J. Miller is committed to defending the rights and interests during the divorce process. Our well-experienced attorneys have successfully handled numerous contentious divorces on behalf of our clients. Most importantly, our lawyers are prepared and dedicated to guiding our clients through stressful divorces with narcissistic spouses.

In Virginia, some laws prohibit the abuse of illegal drugs, including prescription drugs. Moreover, individuals under the influence of legal substances such as alcohol, or marijuana, may be violating the law if they are engaging in certain activities such as driving a motor vehicle.

As part of the investigation, suspects are subject to drug and alcohol tests to determine the presence of alcohol or drugs, identify the type of substance, and detect the amount of substance in the person’s system.

Generally, three types of tests can be conducted to detect the presence of alcohol or drug and determine the level of alcohol or class of drugs in a person’s system.

Hair Follicle Drug and Alcohol Tests

A hair follicle test detects drug use by locating the presence of metabolite from the suspect’s hair sample. A metabolite is a substance that a person’s body creates when it breaks down the drug consumed. This metabolite remains in a person’s hair as it grows, thus can detect the length and pattern of drug use for up to 3 months. Generally, this type of test can detect the presence of drugs around 7-10 days from the consumption of the substance.

A hair follicle test can also detect the presence and history of alcohol use by examining the Etg (Ethyl Glucuronide) and FAEE (Fatty Acid Ethyl Esters) marks on the hair sample. Generally, this test can trace alcohol consumption for about 3-6 months. However, it should be noted that perms, dyes, gels, sprays, and straightening products on the hair sample may affect the results of this test.

Since this type of test can show the pattern of use, it can help screen for long-term abuse of prescription drugs, alcohol, or illegal drugs.

Fingernail and Toenail Drug and Alcohol Tests

A nail test could detect the presence and history of drug and alcohol use by examining the fingernails or toenails samples collected from the suspect. Typically, these tests detect alcohol and drugs as early as 1-2 weeks after the consumption date. Substances can also be seen for up to 3-6 months for fingernails and up to 6-12 months for toenails.

However, several factors, such as aging and health conditions, may affect the results of a fingernail drug and alcohol test.

Unlike a hair follicle test, a fingernail drug and alcohol test cannot detect patterns of substance abuse. Nonetheless, this test helps screen for long-term substance use, given its long detection window.

Drug and Alcohol Urine Tests

A urine test is a good tool for detecting the presence and level of drug or alcohol in a suspect’s body in a non-invasive and quick way.

Typically, alcohol can be detected within less than an hour after consumption, reaching its maximum concentration within 5.5 hours. Generally, alcohol is detected in a suspect’s urine for up to 5 days. However, this time window dramatically depends on how much alcohol has been consumed.

Although urine tests can immediately detect the presence of drugs, the detection window may dramatically depend on the type of drugs the suspect consumes. Generally, amphetamines stay detectable between 1-3 days from the time of consumption, while urine tests can still trace barbiturates for up to 2-4 days after ingestion. Whereas benzodiazepines can show up on the test for up to 3-6 weeks, and cannabis can appear in a test between 7-30 days after use.

Unlike the other types of tests discussed above, a urine test is best used for detecting the presence, amount, and class of drugs currently in the suspect’s system, as it can provide instant results.

You recently forgot your court date. Maybe because you had a medical emergency, a vehicle breakdown, or were just scared of the verdict. You probably know that your actions must have some consequences, but you do not know what they are or how severe they can get. Well, the purpose of this article is to explain what happens if you miss an arraignment or what happens if you fail to appear in court in the state of Virginia.

You Can Be Tried While You are Absent

Firstly, there is a chance of you being tried while you are absent. In this scenario, the normal court preceding will generally take place as it usually does in any other case, except that you will not be there to defend yourself, which might increase the chance of the final ruling being more severe than it would have been if you were there to defend yourself if you are found guilty. To reverse this, one must file an appeal or “a motion to rehear”. The District Courts of the state of Virginia usually require one to file an appeal within ten calendar days. A motion to Rehear the case can be filed within sixty days.

You Will Be Asked to Show a Valid Reason

When you are appealing or filing a motion to rehear, the court might issue you with a "Rule to Show Cause for Contempt of Court". Although this is a misdemeanor summons, and you might not get physically arrested following this issue, you will be asked to explain why you did not appear in court. So, can you go to jail for not appearing in court? Probably yes! For example, if you do not provide a valid and justifiable reason for not appearing, the judge can convict you by imposing a jail time or a fine on the ground of "contempt of court".

You can Be Re-Arrested, Fine and/or Jailed

Nevertheless, suppose you repeatedly do not appear. In that case, a court can issue a warrant of arrest for failure to appear (FTA). This is technically referred to as a "Capias" in the legal profession. It is usually issued in your absence. A warrant of arrest on the basis of FTA usually exposes one to new charges, which might worsen the final verdict in your initial case. What makes it even more worrying is the fact that it can be served to you at your residence, traffic stops or workplace. So, unless you want to alter your reputation significantly, you need to avoid the possibility of this ever happening as much as possible.

It Depends on the Type of Case

In General, the penalties for not appearing in court in the state of Virginia is typically charged under Virginia State Code §19.2-128 as a misdemeanor - specifically, a class 1 misdemeanor. It is usually punishable by up to twelve months of jail. In terms of fines, the amount can go up to $2,500.00.

This, however, worsens in the case of a felony charge. In such a case, the failure to appear in court is charged as a class 6 felony action in Virginia. This is punishable by up to five years of jail and can include a fine amounting to a maximum of $2,500.00.

A failure to appear in court in a felony case can attract other legal severe consequences. For instance, those that had secured a bond can typically have their bond status revoked when they are re-arrested following the issuing of a warrant arrest following the FTA. The person will therefore have to spend days, weeks, and sometimes months in jail awaiting the final ruling of their cases.

However, if you are in a position to provide a valid justifiable reason for your absence, the judge can dismiss the "Rule of Show Cause for Failure to Appear" and set another hearing date and time. This means victory to your file for "a motion to rehear", in which case the initial ruling made in your absence can be revoked and replaced with a new verdict should you present justifiable reasons that can validate the court to alter the initial verdict.

In conclusion, the consequences of failure to appear in court in the Commonwealth of Virginia are severe depending on the case. These consequences range from fines to jail terms and time and resource wastage as one tries to file an appeal or a motion for rehearing. As such, one must try to avoid such a scenario as much as possible unless it is unavoidable. Unreasonable and unjustifiable missing an arraignment or court appearance in Virginia will only make matters worse for anyone. In case of unavoidable circumstances, one should ensure they have enough evidence to present in court to enable them to win a motion of rehearing and avoid being charged with contempt of court.

Many families choose to relocate and get a fresh start when schools are out for summer. Whether you move for a new job, to be closer to your family, or just for a change of scenery, relocating after a divorce is complicated when there are children involved. In some circumstances, this change can affect your custody arrangement, so knowing how to prepare and what to expect is crucial.

So, what are the requirements for relocation in Virginia?

Rules of Relocation

When a custodial parent plans to relocate with their child, Virginia law requires that they provide 30 days of advance notice to the court and the other parent. This may sound simple, but complications can arise if the other parent does not approve of the move. If you expect any objection or pushback from your child’s other parent, be prepared to defend your decision to relocate.

You’ll be expected to justify your reasons for moving. The most important thing you’ll need to prove is that this decision is in the child’s best interests. Specifically, there is a set of factors that a judge will want to evaluate. These include:

• The physical and mental condition of each parent;
• The age, condition, and needs of the child or children;
• The role each parent has played thus far in the child’s care;
• The relationship between each parent and the child; and
• The willingness of each parent to foster a healthy co-parenting relationship.

There are many other factors and details that can impact a judge’s decision in these matters. Our dedicated team of attorneys has over 25 years of combined experience at our disposal to help you with your child custody case. We can answer any questions you might have about Virginia’s laws and how they may affect your plans to move.

Establishing Jurisdiction

In the event you do relocate with your child, how long must you live in your new home for court jurisdiction to be established? That answer can be complicated. The Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) was enacted to create a set of rules for all states to follow in situations like this.

The UCCJEA says that the court with jurisdiction over a custody case is the one where a child has lived, uninterrupted, for six months or more. However, if there is already a custody or visitation order established in another state, and the other parent continues to reside in that state, then jurisdiction will remain there. To make things even more complicated, there is also an exception to this rule that involves factors like the length of a child’s residency in Virginia, domestic violence issues, and the financial status of the parents.

The Law Offices of Daniel J. Miller can help you navigate the complexities of Virginia’s child custody laws. Call us today at (757) 267-4949 or contact us online to set up an initial consultation.