A contested divorce or custody battle is one of the most stressful and emotional times in a person’s life. If you suspect a cheating spouse or are concerned for the welfare of your children, you may go to any length to gather evidence to prove your suspicions. You may be tempted to break into your spouse’s emails or social media accounts, record their communications, or use surveillance to track their movements. However, it is best to seek legal advice and proceed with caution so that you do not unwittingly break the law, and expose yourself to criminal and financial consequences. Furthermore, evidence you obtain unlawfully may be excluded as evidence—making its gathering not worth the risk in many cases.
Intercepting Your Spouse’s Emails and Conversations
The Interception of Wire, Electronic or Oral Communications Act, found in Virginia Code § 19.2-61 through § 19.2-70.3, governs the legality of … Read More »
In Virginia, a grandparent, relative, or other interested party may seek and receive a court order granting them legal and physical custody of a child in their care. Such an order would give the custodian a feeling of security that the child cannot be taken from them unless a parent seeks to modify the custody order, in which case the custodian would presumably have an opportunity to object and have their day in court. However, under the Virginia Adoption Statute, that may well be a false sense of security. Under that act, parents who have lost custody nevertheless maintain their residual parental rights, including the right to consent to an adoption. The end result, as I will explain in detail below, is that third-party custodians with legal custody may actually lose the children in their care to an adoption without any notice or … Read More »
Prospective parents, when considering their options, may choose the international adoption route. When deciding whether or not this option is best for your family, it is important to have an idea what that process will look like. Some of the rules will differ depending upon whether you chose to adopt from a Hague or non-Hague convention country. The process will also vary based on the specific country from which you choose to adopt. What follows here is just a general overview of the international adoption process.
The Hague Convention, by the way, is an international agreement that sets forth common standards to protect children subject to an international adoption. If you are a United States citizen residing in the United States, and seek to adopt a child residing in another country subject to the Hague Convention, you will have to comply … Read More »