In Virginia, a parent of a child has legal authority to formally grant custody of that child to another person without the need for a court order. It is remarkable, however, how few people know this. Neither hospitals nor insurance companies will acknowledge the validity of a simple parental Transfer of Custody document. When the […]
Child custody cases can be complex and emotionally grueling experiences for those involved, no matter the financial circumstances. For the most part, the issues that high net worth individuals must confront in custody decisions are similar to the ones faced by others working through the process, but there are some characteristics that can further […]
In an adoption case, extremely important rights and responsibilities are being determined. The parental rights of the birth parents are being terminated. A new parent child relationship is being recognized. And most importantly, the entire direction of the child’s life is being altered. All of the various laws Virginia has established to govern adoption procedures […]
Reckless driving in Virginia is a criminal offense rather than a traffic offense and therefore carries severe consequences. A Class 1 misdemeanor, reckless driving triggers a maximum fine of $2,500 or a jail sentence of up to 12 months in Virginia – or some combination of the two. In addition, you will receive six points […]
The law requires that an attorney be appointed by the court to serve as guardian ad litem for the child. This attorney’s job is to investigate and report to the court whether the adoption is in the best interests of the child. This requires the guardian to interview the adoptive parents and the birth […]
If a child is being placed across state lines, then another attorney will be necessary. All fifty states and the District of Columbia have adopted the Interstate Compact on the Placement of Children. Among the requirements of that law is a provision which makes it a crime to place a child across state lines for […]
While Circuit Courts in Virginia have long had the authority to grant an adoption without the Consents of the Birth Parents of the child, in 1995 the General Assembly adopted Section 63.2-1205 of the Code of Virginia, which establishes standards of proof which the Court is directed to consider in making this extremely important […]
The terms “attachment” and “bonding” are often confused. Attachment refers to a child’s emotional connection to caregivers. Bonding refers to the caregivers’ feelings and connection to the child. Both are relevant under 63.2-1205, but attachment is of primary concern as it relates more directly to the best interests of the child. It addresses crucial […]
In Copeland v. Todd, the Supreme Court of Virginia pointed out that the standards of proof in contested adoption cases must be read along with eight other factors which the Department of Social Services, or private agency, must investigate and report upon pursuant to Code Section 63.2-1208. Factors Regarding Home Study Requirements 1. Whether […]
In the important 2011 case of Copeland v. Todd, the Supreme Court of Virginia upheld the constitutionality of Section 63.2-1205 of the Code of Virginia, which sets out the standards which a court must consider in making the determination that the consents of birth parents to a proposed adoption are being withheld contrary to the […]