Richmond Legal Blog

Sharing custody can mean agreeing to parent at the same time, too

On behalf of Coates & Davenport, P.C. on Friday, September 13, 2019.

Co-parenting, which involves two adults working together but separately to raise their children, is an increasingly popular outcome for modern divorces. Courts view shared parenting responsibilities as in the best interest of the children, in most cases. Given that the desired outcome in a divorce is one that limits the negative impact on children, it is only natural and reasonable that the courts in Virginia what to split parenting responsibilities between both parents.

You may have already accepted the fact that you will need to see your ex during custody exchanges. However, have you considered the likelihood of needing to share parenting time on certain days? As the school year gets fully underway, kids will be coming home with announcements of joining sports teams, trying out for the school play and competing in academic events, such as robotics leagues.

What should a business know before a merger?

On behalf of Coates & Davenport, P.C. posted in Business Law on Thursday, September 12, 2019.

The merger of two Virginia businesses occurs when one entity buys the other or they otherwise choose to combine their operations into one individual structure. Business mergers can make good business sense when merging financially benefits the parties. Unfortunately, not all business mergers involve adequate research and planning to avoid costly and sometimes devastating outcomes.

For example, before a business agrees to acquire another through a merger, the acquiring business should fully understand what debts and liabilities the other has taken on. The acquiring entity may assume those responsibilities when it folds the other into its operations, and it may not have the financial power to cover such responsibilities if they are too high.

Preventing indirect parenting time interference

On behalf of Coates & Davenport, P.C. on Wednesday, September 11, 2019.

Many parents struggle to find a healthy, comfortable balance while raising their child separately, and, in many cases, one or both parents may exhibit unacceptable behavior that violates their parenting agreement. Some of the most common violations occur when one parent keeps the other from enjoying time with their child, known as direct parenting time interference.

However, parents may also interfere with each other's rights indirectly, without affecting the amount of time spent with their child. Indirect parenting interference occurs when a parent disrupts communication between the other parent and their child or attempts to manipulate the child against the other parent.

Back-to-school season can change a child's needs

On behalf of Coates & Davenport, P.C. posted in Child Custody & Parenting Plans on Friday, September 6, 2019.

As Labor Day approaches, many kids in Virginia have returned to school or are preparing to do so. Getting back into the routine of school can be hard for kids as they let go of their freedom and replace it with the structure of daily classes, assignments, and extracurricular activities. However, children who are subject to child custody and parenting plans can find the start of the school year particularly tough when their parents have not worked out the details of their new schedules.

That is because when the school year starts, a child's needs may change. A child who lives with one parent may struggle to get to school on time if that parent is unavailable to provide them with transportation. A child who has after school commitments may have to change their plans if their schedule interferes with their custodial parent's ability to pick them up.

What are field sobriety tests?

On behalf of Coates & Davenport, P.C. posted in Criminal Defense on Thursday, August 29, 2019.

Different tests and assessments may be used to determine if a driver is driving while under the influence of alcohol. While many Virginia residents may be familiar with blood and breath tests, they may not know as much about field sobriety tests. Field sobriety tests are assessments that law enforcement officers use when they make traffic stops and suspect that drivers may have been drinking.

Field sobriety tests are intended to assess different physical performance indicators, such as balance and coordination. For example, one common field sobriety test is the one leg stand. During this test, drivers are asked to lift one foot off the ground and hold their balance without falling as they are observed by law enforcement officers.

Equitable division and a Virginia divorce

On behalf of Coates & Davenport, P.C. posted in High Asset Divorce on Wednesday, August 21, 2019.

One of the most important aspects of a divorce is the division and settlement of the former partners' property. Over time, married couples can accumulate many items of personal property, various real estate holdings, significant investments, and even large amounts of money. Should they choose to end their marriage, they may have concerns about who will get what and how much each party will have when their marriage ends.

In Virginia, matters of property are handled pursuant to the state's equitable division laws. Equitable division is an important property concept that seeks to make property division fair, although it will not necessarily be equal. Many states throughout the nation follow equitable division principles when it comes to dividing up a couple's shared marital property.

Can I request a child custody modification?

On behalf of Coates & Davenport, P.C. on Friday, August 16, 2019.

Child custody orders are not set in stone. They are made based on what was considered to be in the best interests of the child at the time of creation. If a family's situation changes, parents have the option to file a petition to modify the custody order. However, many parents become confused about what is enough to constitute a change of circumstances that will lead to a successful change in a child custody order.

If you are currently dissatisfied with your child custody arrangement, take time to understand how the law works in Virginia. The following are some of the most common reasons for a successful custody modification.

Multiple wills confuse estate of legendary singer

On behalf of Coates & Davenport, P.C. posted in Estate Planning on Thursday, August 15, 2019.

Virginia residents should execute wills and other estate planning documents. That is because these testamentary tools may be used to distribute their estates and wealth according to their own intentions after they pass away. Without estate plans, an individual's assets will be given out according to a state's intestacy laws, which may run contrary to the decedent's wishes.

A will is one of the most foundational estate planning documents that a person can have and, in Virginia, there are certain requirements that must be fulfilled for a will to be valid. For example, a person should not have more than one executed and operational will. When more than one will exists, confusion is created as to which one should control the disposition of the decedent's property.

The best interests of a child in a custody case

On behalf of Coates & Davenport, P.C. posted in Child Custody & Parenting Plans on Friday, August 9, 2019.

Matters of divorce and other family law issues can inflict chaos into the lives of children. Because of this, Virginia courts work hard to ensure that their rulings protect children's best interests. This is especially true when courts must make important decisions about where children will live, who will care for them, and if they will be under the custody of both or only one of their parents.

A child's best interests can be determined from evaluating many different factors, and readers should remember that child custody and parenting plans that serve some kids' needs may be detrimental to others. To this end, courts may look at children as individuals to assess what they will require to thrive in their new family situations.

When may a will be considered invalid?

On behalf of Coates & Davenport, P.C. posted in Estate Planning on Wednesday, July 31, 2019.

It is important that individuals who wish to create and execute wills in Virginia speak with attorneys who work in the estate planning field. That is because the Commonwealth imposes certain requirements on wills in order for them to be considered valid. When a will is deficient or does not meet the standards set by state law, it may not be used as a controlling document in the disposition of the decedent's estate.

A seemingly proper will may meet the technical requirements set forth for it but may later fail if it is proven that the creator of it was influenced by others during the drafting process. For example, a will may be challenged if it is claimed that an individual forced or coerced the decedent into giving a beneficiary more than the decedent intended to give them or that duress influenced the outcome of the will.

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