Coates, Battle & Tyree Coates, Battle & Tyree 2026-07-14T19:09:47Z https://www.coateslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504832/2023/01/cropped-CoatesBattleTyree-Site-icon-32x32.png On Behalf of Coates, Battle & Tyree <![CDATA[4 things you should consider when creating a parenting plan]]> https://www.coateslaw.com/?p=50505 2025-09-03T10:09:44Z 2025-09-03T10:09:44Z Choosing a type of parenting schedule The parenting schedule you agree on with your co-parent may depend on your custody arrangement and visitation rights. If you have a joint legal or shared physical custody, you may want to consider one of the following schedules:
  • 2-2-3 schedule: The child lives with you for two days, transfers to your partner for two days and then returns to you for another three days. The rotation reverses weekly.
  • 3-4-4-3 schedule: The child lives with you for three days, then with your partner for four days. The arrangement reverses the following week.
  • Alternating weeks schedule: You and your partner have the child for a week at a time.
If you have sole custody of your child, you can create a visitation schedule with the other parent. However, the arrangement will depend on the visitation rights granted to your co-parent.

Planning for holidays, school breaks and other occasions

Your parenting plan should also tackle the schedule for holidays and special events. Discuss with your co-parent and decide how you will divide time for events such as summer break, Thanksgiving or Christmas. For instance, you might agree that the child spends time with your co-parent for the entire summer and then winter break with you.

Deciding on the child’s education and activities

If you and your former spouse have joint legal custody, both of you have the right to decide on your child’s education and extracurricular activities. Part of this step includes discussing and arranging schedules so that the transition from one parent to the other runs smoothly. Consider including factors such as who gets to bring or pick up the child to and from school.

Modifying the parenting plan

Unexpected events may occur, and they could strain the agreement you had with your former spouse. Maintaining open communication is key to drafting a flexible parenting plan. Talk to your co-parent about issues that may arise in the future and decide on modifications that benefit both parties and are in the best interest of your child.

What to do if you cannot reach an arrangement with your partner

Encountering differences with a co-parent while creating a parenting plan happens. The effects of divorce can lead to heightened emotions and frustrations between you and your former spouse. If you find it difficult to agree with your co-parent, consider seeking mediation from an attorney. This option may lower the emotional stress and help you find a quick resolution.]]> On Behalf of Coates, Battle & Tyree <![CDATA[An unrecalled product injured me. What now?]]> https://www.coateslaw.com/?p=50466 2025-06-10T21:42:45Z 2025-06-10T21:42:45Z If you’ve been injured by a product that hasn’t been recalled, you may wonder whether you still have legal options. The short answer is yes—product recalls do not need to occur before a defect-related personal injury claim can be filed. When a product causes harm due to a design flaw, manufacturing defect or lack of adequate warnings, you may be entitled to compensation as a result of your harm, even if the item remains on store shelves. Product liability law allows injured consumers to hold manufacturers, distributors and sometimes retailers accountable for unsafe products. These claims generally fall into three categories: design defects, manufacturing defects and failure to warn. A product doesn’t have to be part of a recall to fall under one of these categories. If the item failed to perform as safely as a reasonable consumer would expect, you may have a case.

Seeking justice for harm caused by a defective or unreasonably dangerous product

After an injury, your first priority should be seeking medical attention. Prompt documentation of your injuries can help both your recovery and any legal claim you may opt to file. Keep all records related to your treatment, including doctor’s notes, prescriptions, imaging results and medical bills. These documents can help to illustrate the extent of your injuries and link them directly to the product in question. It is also important to preserve the product itself, its packaging and any instructions or warnings that came with it. Do not attempt to repair or alter the item, as its current condition could be valuable evidence in demonstrating how and why it caused harm. Even if the product hasn’t been recalled, your claim could help uncover a broader safety issue. In some cases, an individual lawsuit is the first sign that a product may be dangerous to the public. If other injuries are reported, regulatory agencies like the Consumer Product Safety Commission may eventually issue a recall. You don’t have to wait for a recall to assert your rights. If a product has injured you, its manufacturer may be legally responsible regardless of whether they’ve taken corrective action. Seeking legal guidance promptly can help you to protect your interests and to potentially hold negligent parties accountable.]]> On Behalf of Coates, Battle & Tyree <![CDATA[3 valuable inclusions in vendor contracts]]> https://www.coateslaw.com/?p=50447 2025-03-08T20:00:25Z 2025-03-08T20:00:25Z Pricing and delivery schedules Contracts generally need to address the basic requirements of a working relationship. The frequency of deliveries, the cost for different materials and even the methods through which the companies communicate about delays and cancellations can be important contrast inclusions. The failure to lock in pricing or a regular delivery schedule can leave a company scrambling for last-minute supplies. A lack of contractual clarity can also lead to conflict impacting the working relationship between the two businesses.

Restrictive covenants

Restrictive covenants are contract inclusions that prohibit certain types of conduct. When people think about nondisclosure agreements or non-solicitation agreements, they often think about employment contracts. However, other parties may have access to trade secrets or contact with a company's employees. Vendors could try to hire warehouse workers or salespeople who work for a client organization. They could provide information about the materials and goods used by an organization to competitors. Restrictive covenants help prevent the misuse of trade secrets and other inappropriate conduct that could damage a company's market share.

Penalty clauses

Frequently, strong contracts include provisions for consequences in the event of contract breaches. There might be a late delivery fee or a fee for failing to proactively communicate ahead of time about price adjustments. Creating penalties in a contract can help ensure more earnest attempts to uphold contractual terms. Businesses may also want to include rules regarding communication and conflict resolution in their contracts with vendors. Negotiating customized terms for each vendor agreement is usually preferable to using a fill-in-the-blank approach to these crucial trade agreements. Businesses that have support when drafting, renewing or enforcing their contracts are less likely to suffer setbacks due to the misconduct of another party. Organizations often need help customizing their business contracts to ensure they clarify expectations and comply with all applicable laws, and that’s okay.]]> On Behalf of Coates, Battle & Tyree <![CDATA[How do the courts split marital property in Virginia?]]> https://www.coateslaw.com/?p=50432 2024-12-16T21:58:13Z 2024-12-16T21:58:13Z Judges want a fair outcome Whenever judges must settle family law disputes during divorce proceedings, they must apply prior judicial precedents and state statutes. In Virginia, the law requires an equitable or fair distribution of marital assets and debts. A judge must have a thorough inventory of assets and financial responsibilities to review. They then learn about the marital relationship. The duration of the marriage, the health of the spouses, the separate property belonging to either spouse and even the earning potential of each spouse can influence what a judge believes is fair. They may also consider the standard of living during the marriage and custody arrangements for shared children. Judges have the authority to award assets to either spouse. They can also make spouses responsible for specific debts or require the sale of marital assets.

Spouses have the option of taking control

People do not have to submit to the discretion of a family law judge during a divorce. While the judge's approval is necessary, they do not have to make the decisions about how the spouses split home equity or who pays their credit card balances. Every divorcing couple has the option of pursuing an uncontested divorce. Provided that they can reach a settlement that they both agree is appropriate, they can present the courts with an outline of their property settlement terms, which a judge can then convert to a property division order. People who understand the basic rules that guide asset distribution during divorce can potentially recognize when settling might be a better option than litigating. They can also identify scenarios in which a spouse's inflexibility makes litigation necessary for a fair outcome. Learning more about property division rules and divorce proceedings can be beneficial for those preparing to file for divorce or who are responding to a spouse's filing. The more people know about the process, the easier it can be to make informed decisions.]]> On Behalf of Coates, Battle & Tyree <![CDATA[Misconceptions about divorcing parents filing for bankruptcy]]> https://www.coateslaw.com/?p=50396 2024-09-09T15:37:14Z 2024-09-09T15:37:14Z Myth: Bankruptcy wipes out all debts, including child support This is perhaps the biggest misconception. In reality, child support obligations are considered “priority debts” under federal bankruptcy law. This means they cannot be discharged or eliminated through bankruptcy. Essentially, divorced parents remain fully responsible for paying both current and past-due child support, regardless of their bankruptcy status.

Myth: Bankruptcy stops all collection efforts, including those for child support

While it’s true that filing for bankruptcy results in an “automatic stay” that ceases most collection activities, child support is a notable exception. The Virginia Division of Child Support Enforcement (DCSE) can continue to collect current child support payments and even pursue collection of past-due support during bankruptcy proceedings. This can be carried out through methods like: A child’s well-being comes first in any scenario concerning child custody.

Myth: Chapter 13 bankruptcy allows a divorced parent to pay less child support

Some people believe that filing for Chapter 13 bankruptcy allows a parent to reduce their child support payments. In reality, while Chapter 13 does allow for the reorganization of debts, it does not modify child support obligations. These payments must be included in the repayment plan at their full amount. The bankruptcy court cannot alter child support orders; only a family court can do that.

Myth: Bankruptcy filing during divorce doesn’t affect a child’s other parent

Contrary to popular belief, when a divorcing parent files for bankruptcy, it can indirectly impact their co-parent. While it doesn’t change the support obligation, it might affect the timing of payments, especially if there are arrears. The other parent may need to file a claim in the bankruptcy case to help ensure they receive payment for any back child support owed. Navigating the intersection of bankruptcy and child support can be complex and confusing. It’s, therefore, wise for divorcing parents to educate themselves about their legal rights and alternatives in these cases. Seeking appropriate legal guidance is generally a wise way to get started.]]> On Behalf of Coates, Battle & Tyree <![CDATA[What if someone dies without a will on record in Virginia?]]> https://www.coateslaw.com/?p=50371 2024-06-06T10:08:49Z 2024-06-06T10:08:49Z The law addresses dying without a will It is quite common for people to procrastinate about estate planning. Dying while intestate or without a will is a somewhat common occurrence. Some researchers estimate that as many as two-thirds of adults do not have a will or other estate planning paperwork. If someone dies in Virginia without an estate plan, state statutes determine what happens with their property. The Virginia probate courts oversee intestate succession. The law focuses primarily on the protection of close family members. Spouses and children, for example, tend to inherit most or all of someone's property if they die without a will. For those who have not married or had children, their parents or siblings might inherit from their estate instead. People in a variety of circumstances may feel like intestate succession laws do not meet their needs. Someone estranged from their parents or children may want to create an estate plan to ensure that their assets pass to people with whom they maintain positive relationships. Those who do not marry their romantic partners and those who want to leave money for charitable causes may also have strong incentives to draft wills. Most people are happier with the degree of control they can exert by drafting their own estate planning documents instead of relying on state law. Learning more about Virginia's unique probate statutes can help people decide when to draft estate plans and what details they need to include in them.]]> On Behalf of Coates, Battle & Tyree <![CDATA[The debt abyss: Culprits that can lead to bankruptcy]]> https://www.coateslaw.com/?p=50360 2024-05-01T10:53:49Z 2024-05-01T10:53:49Z Credit card debt One of the biggest culprits is credit card debt. The ease of access and often high-interest rates can create a perfect storm for accumulating significant balances quickly. Missed payments and minimum payments that barely cover interest charges can lead to a situation where the debt snowball effect takes hold, burying you deeper and deeper.

Medical bills

Medical bills are another major contributor to bankruptcy filings. Even with health insurance, deductibles and copays, uncovered procedures can leave individuals with crippling medical debt. This is especially true for those facing chronic illnesses or unexpected medical emergencies. The high cost of healthcare, often coupled with job loss or inability to work due to illness, can create a financial pressure cooker that can lead to bankruptcy.

Personal loans

Personal loans, while sometimes a necessary solution for emergencies or unexpected expenses, can also be a path to financial hardship. Unsecured personal loans often come with high-interest rates, which can quickly become unmanageable if not managed carefully. Sometimes, people struggling with other forms of debt, like credit cards, consolidate them into personal loans. While this may simplify things initially, the total debt burden can still be overwhelming if the underlying financial issues aren’t addressed.

Payday loans

Payday loans, marketed as a quick fix for short-term cash flow problems, are notorious for trapping borrowers in a cycle of debt. These loans typically come with exorbitant interest rates and fees, making it nearly impossible to pay them off within the short loan term. Borrowers are often forced to take out another loan just to cover the interest on the first, leading to a vicious cycle of debt. If you’re drowning in debt due to one kind of debt or another, filing for bankruptcy can serve as an opportunity for relief. Consider consulting with a legal team to help determine which kind of bankruptcy chapter suits your unique situation.]]> On Behalf of Coates, Battle & Tyree <![CDATA[What you should know about virtual visitation in Virginia]]> https://www.coateslaw.com/?p=50310 2023-12-15T19:34:58Z 2023-12-15T19:34:58Z visitation and parenting time, have found their place in the virtual realm.

What is virtual visitation?

This approach refers to the use of technology to enable communication between parents and their children when children are residing with their other parent. This can include video calls, instant messaging and other online tools that allow parents to maintain a meaningful connection with their children, even if their physical presence is not possible. Virtual visitation acts as a bridge, allowing parents to participate actively in their child’s daily life, regardless of physical distance. Regular communication fosters a sense of connection and emotional bonding, contributing positively to the parent-child relationship. The state recognizes the importance of maintaining parent-child relationships, even when physical distances pose challenges. Virtual visitation is acknowledged and can be incorporated into parenting plans, provided it serves a child’s best interests. Creating a virtual visitation schedule may be helpful in better ensuring consistency and predictability. Courts may require a detailed plan outlining the frequency, duration and mode of virtual communication. This plan should be flexible enough to adapt to a child’s evolving needs.

Additional considerations

It’s crucial to include specific details in a parenting plan to maximize the effectiveness of virtual parenting time. Courts appreciate thorough and well-thought-out arrangements that prioritize a child’s best interests. While virtual visitation offers numerous benefits, addressing potential technological challenges is essential. Confirming that both parents have access to reliable internet connections and suitable devices is crucial for successful virtual communication. Understanding virtual visitation and parenting time is vital for parents navigating the complexities of modern family dynamics. By embracing technology, parents can maintain strong connections with their children, fostering healthy relationships even when physical distances pose challenges.]]> On Behalf of Coates, Battle & Tyree <![CDATA[Why the financial security of your children during your divorce is crucial]]> https://www.coateslaw.com/?p=50215 2023-11-09T12:55:59Z 2023-11-09T12:55:59Z the financial security of your children during and after a divorce is crucial.

The role of financial security

Children’s educational needs are a top priority for most parents. Maintaining financial security can ensure they have access to quality education and opportunities for personal growth. Financial stability also contributes to children’s emotional well-being. Knowing that their basic needs will be met can ease their anxiety and stress during the divorce process. Children should not experience a significant drop in their standard of living due to divorce. Financial security helps maintain their accustomed lifestyle. More importantly, children’s health should never be compromised due to financial constraints. Adequate funds must be available for healthcare and medical expenses.

Legal aspects of financial security

Child support is a fundamental legal resource that helps to ensure the financial security of children after divorce. It is typically determined based on the income of both parents, and it’s crucial to comply with these legal obligations. Determining parenting time and custody rights go hand in hand with child support and is essential for children’s emotional well-being. Ultimately, working with a financial advisor to develop a detailed plan that outlines your children’s expenses and needs is a wise move. This plan should consider factors such as education, healthcare and your child’s daily living expenses.

The importance of co-parenting and communication

Effective co-parenting and communication can be vital in ensuring your children’s financial security. Therefore, you should work with your ex-spouse to make financial decisions that benefit your children. Collaborative efforts can lead to more effective solutions. Try to maintain consistency in both households’ financial matters, such as allowance, savings and financial responsibilities, so that these preventable sources of tension down the road are addressed proactively. Divorce is undoubtedly a challenging process, but by prioritizing your children’s financial security, you can help them navigate this difficult time with greater ease. Remember that creating a solid financial plan and maintaining open communication may be key to ensuring your children’s bright and secure future.]]> On Behalf of Coates, Battle & Tyree <![CDATA[3 mistakes you shouldn’t make as co-parents post-divorce]]> https://www.coateslaw.com/?p=50206 2023-11-06T14:13:11Z 2023-11-06T14:13:11Z Lack of communication Effective communication is the cornerstone of successful co-parenting. When communication breaks down, misunderstandings and conflicts are likely to follow. Establishing open and transparent lines of communication with your co-parent is imperative. One practical solution is to use online tools or apps that facilitate shared calendars. This can enable both parents to stay up-to-date on important dates, such as:
  • School events
  • Doctor’s appointments
  • Extracurricular activities
Email and messaging apps should also be your best friends in co-parenting. They allow you to communicate without the emotional charge that face-to-face conversations might inspire.

Inconsistent parenting styles

Inconsistent parenting styles can be confusing and stressful for children. To provide them with the stability they need, strive to maintain consistency between both households. You might want to craft a co-parenting plan set of values that outlines your:
  • Parenting principles
  • Discipline strategies
  • Routines
A well-defined plan can help ensure the children experience a consistent environment in both homes. This plan does not have to be formalized with the court like a parenting plan, but can serve as a valuable resource nonetheless. While you may have differences with your co-parent, be open to compromise. Flexibility is key to maintaining consistent rules and expectations for the children, even if the day-to-day practices differ.

Using children as messengers

Using your children as messengers between households can cause emotional harm and strain your co-parenting relationship. Communicate directly with your co-parent, especially when it comes to important issues or scheduling changes. Avoid putting your children in the middle, as it can create feelings of guilt and anxiety. And please encourage your children to share their thoughts and feelings with both parents. Try to ensure they know they can openly discuss their experiences and concerns without fear of judgment. Co-parenting after divorce is undoubtedly challenging, but by avoiding these three critical mistakes, you can provide your children with a more stable, nurturing and loving environment. Remember, the goal is to prioritize your children’s well-being and happiness throughout this journey.]]>