In Virginia, courts are required to base custody and visitation determinations on the best interests of the child. The specific factors courts should consider in determining what is in a child’s best interests are set forth in Virginia Code § 20-124.3. One of these factors is:
“[t]he propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child.”
This factor generally appears in custody and visitation cases where one or both parents is speaking negatively about the other parent around the child, or overtly barring access to the child without cause. (Speaking negatively about the other parent “around the child” can include denigration of the other parent on social media.)
This factor also comes into play when the primary … Read More »
Parties facing a divorce or other family law litigation in Virginia often ask the question: would it help their case to record telephone conversations with the opposing party? The answer to this question may surprise you.
The Virginia Code sets out a surprising barrier for the use of recorded telephone conversations. Virginia Code Section 8.01-420.2 sets a general bar to the admissibility of recorded phone calls in civil court proceedings, unless all parties are aware that the conversation is being recorded. Unlike voicemails and recorded physical interactions, a telephone conversation would provide the opportunity to record without all parties’ awareness that the recording was being made. In a voicemail, the party intends that the message will be recorded, and pulling out your phone and placing it on the table is a tipoff that you may be recording an in-person interaction.
For telephone conversations, however, Section 8.01-420.2 … Read More »
In custody cases where a child has lived in multiple states, under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) the initial custody determination will generally be made in the child’s “home state.” If the child has been absent from their home state, the court will look to see what state the child lived in during the prior six months or during the six months immediately preceding the filing for custody.
But what happens when the child has not lived in the United States in the past six months?
Take the hypothetical case of John & Suzy Doe for example. John and Suzy have an 8-year-old son named Joe. Joe was born in England, but moved to Virginia with his parents when he was two years old. After six years in Virginia, Suzy takes Joe and heads back to England. Nine months later, Suzy files for … Read More »
In Virginia divorce actions, one of the first questions parties often ask is “who is going to get to keep what?”
Virginia is an equitable distribution state, meaning that the court has the authority in any divorce to classify the property of the parties as separate, marital or hybrid. This classification is vitally important, because the court only has the power to divide marital and hybrid property—not any separate property.
In Equitable Distribution: Using Separate Property For A Marital Loan, Livesay & Myers, P.C. associate Danielle Snead explained the Virginia Court of Appeals decision rendered in Layman v. Layman and the impact on property classification when a party uses separate property throughout a marriage.
The Court of Appeals in David v. David, Va. App., Record No. 0653-12-2 (2015) recently highlighted another potential pitfall on the road to proving separate property is actually separate. The David case illustrates … Read More »