Virginia law allows couples to create premarital and marital agreements. These contracts, called prenuptial and postnuptial agreements in other states, are legal and binding unless the couple violates one of the conditions of the law. For a judge to agree to enforce...
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What can you do if someone is interfering with your parental rights?
The Supreme Court of Virginia recognized a cause of action for intentionally interfering with the parental rights set forth in Section 1-240.1 in the case of Wyatt v. McDermott, 725 S.E.2d 555 (Va. 2012). The Court expressed the elements of the tort as follows: (1)...
Custody cases: How can the childern’s preference be heard by the judge
If bringing children to court to talk to the judge is a bad idea, how do can you have the child’s preference be known to the Court? One way is to have a Guardian ad litem (GAL) appointed to the case. The GAL represents the children and their best interests. The GAL...
Options for modifying child support
For parents paying child support, there may become a point when they need to request a child support modification. Alternately, a parent receiving child support may believe the amount they receive needs to be adjusted. Fortunately, the family law process provides...
What happens if you fail to pay child support in Virginia?
Parents in Arlington who pay child support may someday find that they are unable or unwilling to make their obligatory payments. This could be due to several reasons, some within their control and some out of their control. However, it is important to note that there...