Family Law Richmond Virginia

Family law is the term that is applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other.

Typically, family law attorneys assist people with the making and breaking of family relationships. Specific areas of representation usually include marriage and relationship planning, divorce, paternity, child custody and child support.  When you are faced with an important life decision regarding a key family relationship, the advice and assistance of an experienced family law attorney often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of the family-related concern you face.

Marriage

Marriage is a legal and business union as much as it is a romantic one. Although the limitations and requirements vary by state, basic marriage laws are similar. Virginia prohibits marriage to more than one person and marriage between close family members. Some of the more common limitations are:

• A prohibition against marriage between brothers and sisters, parent and child and marriage between aunt or uncle and niece or nephew.
• Minimum age requirement, typically 18 years. Many states permit marriage at a younger age if parental consent is given.
• Residency by one or both of the parties within the state for a specific period of time.

Virginia also requires a formal ceremony of some kind with witnesses and a licensed public or religious official.

Federal and state laws give married couples many benefits, including:

• Certain tax privileges;
• Federal benefit rights, such as social security, disability, unemployment, veterans' pension and public assistance benefits;
• Inheritance rights under state intestate succession laws;
• Claimant rights for loss of consortium;
• The right to make medical decisions about your spouse in the event of disability; and
• The right to legally protect marital communications.

Because marriage is a legal and business arrangement, it may be wise to consult with an attorney about the advantages of entering a premarital or prenuptial agreement. Many couples find it helpful to work through financial issues and the potential disagreements such issues can create before marriage.

Divorce

A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce gives each person the legal right to marry someone else. It also legally divides the couple's assets and debts and determines the care and custody of their children.

The primary issues to be decided during a divorce are alimony or spousal support, property division, and, if there are children, child custody and visitation and child support. When spouses agree, they can usually obtain a divorce quickly. More typically, divorcing spouses have disputes regarding their post-marriage financial arrangements and the care and custody of their children.

Virginia uses an equitable distribution system that divides property after consideration of a number of elements in a manner the courts deem to be fair given the particular situation. Any award of alimony or ongoing financial support from one spouse to the other is made in conjunction with the distribution of property. Property division and alimony are often hotly contested and the early advice of an experienced family law attorney can greatly impact the ultimate result.

Child Custody & Visitation

The care and upbringing of children following divorce is often an ongoing source of conflict for divorcing parents. Custody must address both physical custody, or the rights and responsibilities regarding the day-to-day care and activities of their children and legal custody, or the legal rights and responsibilities associated with the child's upbringing. Sometimes the couple agrees to an arrangement and sometimes the court determines one for them. In the past, courts routinely gave mothers physical custody and gave fathers visitation rights, sometimes awarding joint legal custody of the children with the children residing with the mother. Today, the courts have begun to realize that sometimes it is in the best interest of the children that they reside with the father, and reverse the roles of the parents. The courts are favoring joint ongoing child rearing responsibilities, with the children residing where it is most practical and where they will flourish best.

Divorcing couples often tackle custody and visitation issues as soon as they separate. Courts generally honor any custody agreements divorcing parents reach regarding their children. When custody is contested, some courts will require parents to participate in a mandatory mediation session. Mediation is an alternative dispute resolution process where divorcing couples work with a specially trained neutral third party to try and resolve some or all of their disagreements. If mediation is unsuccessful, the court will determine custody. Virginia courts reach decisions about custody and visitation after considering what arrangement will serve the best interests of the child. Courts often use custody evaluations performed by an outside expert to help them reach such a determination.

Except when parties agree otherwise, courts often impose standard visitation and custody orders. A typical visitation schedule allows a non-custodial parent to see the children one night a week, every other weekend and some portion of school and summer holidays. In order to change a court-ordered custody and visitation scheme the parent seeking the modification must show a substantial or material change in circumstances.

Child Support

Biological parents must financially support their children. In Virginia that obligation usually lasts until the child reaches the age of 18 unless the child is still in school wherein the obligation continues until age 19. The responsibility to provide support in the form of regular payments generally arises when one parent has primary custody of the child. An order for child support may be entered during or after a divorce. Either parent may be ordered to pay support depending upon how custody is arranged. An unmarried mother may also file a petition for child support in family court and an order for support will be entered once paternity has been established.

In Virginia, the amount of support is set after the needs of the child and the parent's income are assessed through the use of statutory child support guidelines. The paying parent must regularly make the ordered payments. Failure to remain current with child support obligations exposes the paying parent to significant penalties. Virginia has a Child Support Enforcement Division. Penalties for non payment of child support include suspension of professional or business licenses as well as incarceration when child support obligations are overdue.

Once support has been ordered, both parents have the right to request changes. Paying parents face a difficult time when making a request that support be reduced. Even if a paying parent's current income is insufficient to meet their support obligations, a court may impute a higher earning capacity to them and order support based on that higher earning power. Because of the specific requirements involved in child support, parents can benefit from the advice and involvement of an experienced family law attorney when child support issues arise.

Conclusion

Family relations create a host of legal consequences. Whether you are contemplating marriage or divorce, an experienced family law attorney can explain the laws that apply to your particular situation and help you understand their effect so that you may make the best choices for you and your family.