After Divorce, who gets custody of Virginia children?

In every other disputed case, which ends up in the Virginia court, the most frequent question is who gets custody of Virginia children? In most of the cases, the woman is granted sole custody. Divorced fathers, on the other hand, only have sole custody in every seventh to eighth case and even more rarely than that the child is accommodated outside of his nuclear family, such as a foster family. Then custody is usually assigned to the one the child is staying with (mostly the mother), because he knows the child best and ultimately has to make the decisions.

While considering who gets custody of Virginia children, part of the custody right is the right of residence. This regulates who is allowed to make the decision as to where the child is, and therefore also to whom the child lives. There is a certain criteria according to which sole custody is assigned, i.e. the so-called double child welfare examination. The court may grant the application under paragraph 2 only if it is satisfied that both the termination of the joint concern and the transfer to the applicant are in the best interests of the child.

  • Reasons for lifting the joint concern:
  • There is no objective cooperation ability of the parents
  • There is no subjective cooperation of the parents

The burden of proof lies with the one who wants to have the sole right of custody, an indication of a willingness to cooperate and ability to cooperate. In particular, if the parents can and want to work together in custody matters of considerable importance. Parents have the duty to distinguish between the partner levels. That is, the behavior in relation to each other and the parent level behavior in relation to the child.

According to the law regarding who gets custody of Virginia children, the transfer of the child to the applicant is in the best interests of the child. Furthermore, there is also a principle of support. While handing over the child’s custody, it should be borne in mind that who offers the child better opportunities for development. The one who gets custody of Virginia children should provide more support for building the personality of the child and be more stable and reliable caregiver for the child.

These are the external aspects for who gets custody of Virginia children such as the parent’s education and its social position, the opportunities to feed the child, etc. On the other side, the educational aptitude and the inner willingness to take responsibility for the education and care of the child should also be taken into account. Continuity principle is that which parent is better suited to ensure the most uniform and consistent education of the child. It must be taken into account to what extent the stability of the environment can be guaranteed. That is, the persons caring for the child and those who otherwise form their social environment, for example in school and kindergarten.

Understanding the Virginia Child Support Calculator as an effective tool

The children of Virginia needs both family and financial assistance to grow and prosper. Children who have actively involved parents in their lives perform better in educational institutes and reflect high level of confidence. As a result, they achieve great success in life. To show full commitment and responsibility; understanding the Virginia Child Support Calculator is necessary. In case of divorcing, courts often asked to regulate appropriate degree of child support payable between parents. For providing assistance, Virginia Code Section 20108.2 sets forth a set of principle that calculate the amount of child support from parents.

Guidelines for Using the Virginia Child support Calculator

The guidelines determine the appropriate level of financial and non-financial support given to child, hence it is significant to have a thorough attention on understanding the Virginia Child Support Calculator. The following guidelines are given that must be applied properly before finalizing the decision. To must regulate

  • The number of children for whom support is being pursued.
  • The visitation and custody arrangements for every individual child. If a parent acquires the physical custody of the child for more than 90 days per years, then the child support will be measured using the “shared custody support calculator”. In other scenario, if a parent has physical custody for less than 90 days, the “sole custody support calculator” will be used to compute the child support.
  • The gross income of parents that is broadly defined under The Virginia Code as ‘income from all sources”. The combined gross must include (but not limited to) income from bonuses, wages or salaries, pension, severance pay, royalties, commissions, social security benefits, dividends, trust income, rental income, worker’s compensation benefits, spousal support, unemployment insurance benefits, awards or prizes, disability insurance benefits, and rental income.
  • The total cost of work-related child care, though, these cost may not surpass the cost of “quality care from a licensed source.”
  • The total fees or cost of dental and health insurance for the child. This cost can be calculated by measuring the difference between self-only coverage and family coverage (for planned participant).

Once all the values (above mentioned) are input, the calculator will measure and show the monthly support obligation’ guidelines for each parent. If, it calculates the monthly combined gross less than $599, in this scenario $65 will be awarded as the minimum child support payment for each year. Though, if monthly gross income exceeds $600, then obligation is determined by enlarging or multiplying the respective percentage of parent’s combined gross income. Understanding the Virginia Child Support Calculator help in getting accurate and appropriate financial support to the children.

Tips for Understanding the Virginia Child Support Calculator

  • You need to be aware that Virginia Child Support Calculator is intended to give an estimate only.
  • Parents should use Virginia child support Calculator designed on permissible law and provided by state’s Department of Social Services.
  • To use the calculator effectively, it is necessary to ensure correct total income of both parents enlisting self-employment earning, wages. Investment income, bonuses, incentives and all other sources of income generation.
  • Third-party child support calculator should not put into consideration because it may not provide the reliable, authentic, and trustworthy child support estimate.

All these above mentioned tips help you for understanding the Virginia child support calculator, which lead to assist in better decision-making regarding the monetary support given by each of the parent for the child’s upbringing.

Reckless Driving Ticket in Henrico Virginia

It is no joke that reckless driving is a serious criminal traffic offense in Virginia. Reckless driving is a criminal offense which is much more serious in Henrico, and you can end up having a reckless driving ticket in Henrico Virginia. A conviction for reckless driving in Henrico Virginia may also result in fine penalty charges, jail time and suspension or restriction of your driver’s license.

A reckless driving ticket in Henrico Virginia can range from $250 to $2500, depending on the severity or seriousness of the reckless driving traffic offense. So if you are charged with reckless driving, you should know that your reckless driving ticket in Henrico Virginia can also include additional fine penalty charges for over speeding over the legal posted speed limit or even just driving at 80 to 90 miles per hour. It is necessary to understand that the reckless driving ticket in Henrico Virginia can be harsh and could end up emptying your pocket size. Along with that, the conviction for reckless driving might even include jail term and demerit driving points which would be recorded in your driving history for a long period of time.

These demerit points can also cause you fine penalty charges other than a reckless driving ticket in Henrico Virginia. However, it isn’t just the reckless driving ticket in Henrico Virginia which causes fine penalty charges; there are other ways in which you would be charged for reckless driving, for example, reckless driving can increase your automobile insurance and even cause employment issues with the reckless driving criminal record history.

Speeding Ticket Fines in Henrico Virginia

Reckless driving ticket in Henrico Virginia can probably be imposed on you if you are speeding at 81 miles per hour in a legally posted speed limit zone of 70 miles per hour. The reason for getting a reckless driving ticket in Henrico Virginia is because your speeding can result in serious, deadly accidents as while you are speeding, you can face certain sudden and quick decisions to turn, brake or even slow down your speed down to a minimum. However, when faced with such situations, it provides you with just an instant of a second to make that quick decision. Most drivers are unable to do so which causes them to lose control of their vehicle and end up in a deadly car accident which not only endangers your life but also the lives of other people who are driving alongside you.

The state establishes reckless driving ticket in Henrico Vagina with heavy fine penalty charges to stop and control such deadly road accidents and ensure the safety of the people who are driving on the road or the highway. Reckless driving ticket in Henrico Virginia with heavy fine penalty charges can control and minimize such situations which claim the life of others. While imposing reckless driving ticket in Henrico with heavy fine penalty charges, people can be made more conscious and well aware of their spending habits and avoid deadly getting themselves a reckless driving ticket in Henrico Virginia.

What is the penalty for solicitation of prostitution in Virginia?

Virginia State strictly deals with prostitution and any crimes related to prostitution. Both prostitution and solicitation of prostitution are dealt under the Virginia’s code: section 18.2-346.

What is prostitution?

As per the law of Virginia prostitution is defined as following:

“Any person who, for money or its equivalent, commits adultery, fornication or any act in violation of 18.2-361, or offers to commit adultery, fornication or any act in violation of 18.2-361 and thereafter does any substantial act in furtherance thereof”

Hence a prostitution is providing any sexual act in exchange of monetary benefit.  Therefore in order to face the punishment of prostitution the prosecutors needs to provide a strong evidence that any sexual act was exchanged for the monetary benefit. However, in order to produce a valid case, it is important that the offer is followed by an acceptance for the sexual act.

In Virginia Prostitution is categorized as Class 1 misdemeanor and therefore a person who is found guilty for conducting prostitution is subject to imprisonment for a year along with heavy fines up to $2500.

What is Solicitation of prostitution in Virginia?

In Virginia, section 18.2 361 deals with the solicitation of prostitution. The prostitution law is divided into two part the first part deals with the prostitution itself while the second part deals with the solicitation of prostitution.
“Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof”

What is the penalty for soliciting prostitution in Virginia?

Solicitation for prostitution is also considered as class 1 misdemeanor and the penalty for soliciting prostitution in Virginia may lead to a year of imprisonment and fine of $2500 maximum. However if the case is of pimping or pandering, the court categorize it as a class four felony. If a person is charged with class four felony he is subject to at least two and maximum ten years in jail along with a heavy fine of $100,000.  As both prostitution and solicitation of prostitution are dealt similarly in Virginia, one can become a victim of sting operation conducted by police department.  The police department posts a fake prostitution ad thought their undercover agents that trap people who are taking part in solicitation of prostitution. This way they are able to collect evidences against the accused victim of police entrapment.

Will I face penalty for soliciting prostitution in Virginia if the accusations are fake?

Solicitation of prostitution is conducted by a person who is offering the other person money for an exchange of sexual act. However similarly in order to face the punishment the prosecutor must provide enough evidences of the acceptance of the offer else the case would be categorized as null. As the penalty of soliciting prostitution in Virginia are strict and the guilty person will be registered as a sex offender. Therefore one should immediately contact an attorney if they are charged with any such accusations.

It Is Important To Know What Are the DUI Penalties in VA?

Virginia VA is a state that shows absolutely no tolerance towards driving under influence (DUI) and there are essential DUI penalties in VA that varies is terms of their severity subject to the age of driver, blood alcohol content (BAC) level and if the driver has been previously convicted for DUI or not.

DUI Penalties in VA for Less Than 21 Years Olds

The BAC level for conviction of an individual who is less than 21 years old is .02. The DUI penalties in VA for such individuals include suspension of their driving license for 12 months, which would be above the administrative license suspension by the officer at the time of arrest. Further DUI penalties in VA for less than 21 years olds include a minimum fine of $ 500 or minimum 50 hours of community service, admission in alcohol safety action program and restricted driving license subject to installation of ignition interlock.

DUI Penalties in VA for 21 Years and Older

DUI penalties in VA for 21 years and older differs subject to the fact that how many times the person has been convicted for DUI, how longer it has been since the person has been previously convicted for the same and the level of BAC.

Fine

DUI penalties in VA for a first time offender include a fine of minimum $ 250, which could be increased to $ 1000 if a minor is present in the vehicle. For the second offense of DUI the fine could range from $ 500 to $ 1000. For the third conviction, the minimum fine is $ 1000.

Imprisonment

For a first time offender, an imprisonment of minimum five days is subject to the presence of minor in the vehicle or BAC level is above .15 and an imprisonment of 10 days if BAC level is above 0.20. For second and third offense within five years, the DUI penalties in VA include an imprisonment of minimum 20 days to maximum 12 months and 6 months respectively. Otherwise the sentence of imprisonment would be slightly lenient ranging from a period of 10 days to 30 days maximum for second offense and 90 days for third offense. However, additional five days would be added in the penalty subject to the presence of minor in the vehicle or BAC level is above 0.15.

 License Suspension

The license suspension laws in Virginia are strict as compared to other states. The DUI penalties in VA for first offense includes an essential license suspension for a period of one year. The second time offense would be penalized by a license suspension of three years and the conviction for the third time for DUI would call for the license suspension for an unspecified period.

Ignition Interlock Device (IID)

For the first time offender, the DUI penalties in VA include an ignition interlock device (IID) if BAC level is 0.15 or above while for second time offender IID would be required upon reinstatement of the license. While for the third offense, license would be suspended for an unspecified time period however an individual could file the petition for reinstatement after five years, which would be obligated with an IID.

How Far does the Age and Sex of Each Child effect in child Custody case? A General Perspective

In most of the child custody cases there are several factors that are considered by the courts while deciding which parent will be given the sole custody of child. While making a final decision, the courts consider the extent as to how far does the age and sex of each child effect in child custody case? For determining this factor, each child’s age and sex as well as the mental/physical health is considered by the court.

How far does the age and sex of each child effect in child custody case?

Generally, when there are cases of child custody brought before the family courts, there is a major affect noticed on both the boys and girls. However, there are certain ways in which the girls and boys’ experiences differ. For example, the age and sex of each child effect in child custody case, specifically girls, to such an extent that girls go through from serve mental problems. Some of the key problems include psychological issues, anger, and depression. With growing age and development, such symptoms are subsided.

Similarly, in the situations where the child custody is decided, mothers are given preference where age and sex of each child has a major effect in child custody case, and child is not able to make his/her own decisions. The courts do consider all these factors including age, sex and position to make decisions for each child. In other words, the interests of each child are deemed differently. For example, when it is observed by the court that boy child is more comfortable with his father, and he does not enjoy time with her mother, in such a situation, the father is given the custody of the child.

However, if the child is not capable enough for making his decisions, then the court decides to hand over the custody of the child to mother. The occupational and educational pursuits of each child can be effected negatively when custody case is decided in court. There are long term effects that can be noticed in different cases. For example, the boys shows a severe reaction when they are in custody of a single parent as compared to girls.

Due to this reaction, they are more likely to get involved in gang crimes and drug abuse. Whereas, the girls also show negative symptoms when their custody is decided. For example, they lack interests in their school activities and sports. They prefer to stay at home all the time. Their educational and occupational development is stopped due to the pressure they have on their minds due to custody case.

Therefore, while determining how far does the age and sex of each child effect in child custody case, the courts pay attention to the well-being of each child. If the child is a teenager, the court asks the child to give his/her consent for living either of the parent. If the child is less than this age, the decision of the court is made based on several factors that include mental/physical condition, sex and age.

Do you need assistance in VA assault and Battery as per Virginia Law?

The Virginia Law defines and limits the citizen’s basic rights of the commonwealth of Virginia and the authorities of state government.  The assault is the attempt to harm someone physically. It refers to frighten them or to put them in apprehension of imminent battery. It is like a threat and it is a crime as per the Virginia law. Everyone has the right to live free and state gives this security to its citizens. There is a difference between assault and battery. Assault is threat to harm bodily and battery is the actual physical harm to other. The Domestic Violence is crime and its sentence is one year jail as well as fine is $ 25000.

Assault

Violence in any form is not able to tolerate and ignore as well. Assault or violence has various forms like rape, assault, molestation, Eve or Adam teasing and harassment. All these forms are extremely hilarious and are occurring in all forms without the limitation of boundaries or geographical borders. Every day these crimes are happening in this world where we are live in and facing this wildness in the society of civilized people. Domestic Violence is very common in all areas of the world. It takes the family to the edges of the divorce. Numerous families or relations finish on divorce.

Assault is Class I offense in Virginia. Regarding this issue a legal representation is must. The SRIS Law Group provides assistance in this matter. In SRIS Law Group, the expert attorneys know that all the violence cases are not similar. They can plead your case on all areas. A low cost lawyer just does the paperwork and filing that makes the case more complicated for the clients. An inexperienced lawyer can make your case difficult because they are not well-aware of the techniques to present the Domestic Violence case in the court. For this purpose, you must hire a proficient attorney to plead your case in the court successfully. An expert lawyer believes in practical services. The expert team of lawyers knows complete rules and regulations about the domestic violence and assault cases.

Competent team of Lawyers

Offering an exclusive service in a full range of violence Law, they are an ideal source of innovation and technology. Representing the excellent level of expertise and competence of high level in Virginia law they are unique. Speaking about the innovative services through their successful track record tells about the expertise and proficiency of the law company. They are initial pioneer in Law based company and have been working in this field for a long time by helping the thousands of customers in this field. For assisting the clients for law services, they are incredible because it is a group of expert lawyers.

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The payment method is very simple and easy for the customers. You can pay fee online by using your credit card, pay pall, cash via bank or debit card.

For any Domestic Violence case in Virginia contact SRIS Law Group right now

Call us at- 888-437- 7747

Five Steps to Prevent Child Abduction during Divorce

Divorce is an extremely painful process not only for the parents but especially for the child himself. The divorce can leave the partners very furious and cause them to do desperate things. The pain and strife caused by divorce can cause either one partner to become extremist which can result in child abduction during divorce. Although, the divorce rate is increasing all over the world, but in US the divorce rate is almost 50% more as compared to the Belgium, Portugal and Spain. It is a possibility that if your ex kidnaps your child, which is a legal battle both complicated and battle due to the litany of the laws both in the overseas and home state.

If you feel that you are one of the parents, who are becoming the reason for child abduction during divorce, then you should take the required action to prevent the chances of something worst in the future. Here re some actions that needs to be taken for the prevention of child abduction during divorce:

Take the passport of the child back to your custody

It is not possible to travel anywhere in the world without having the passport of the child. The best option is to have the passport of the children in your custody as soon as you file for divorce. Your lawyer can also ask you to take the passport into your own custody. If it is not possible to get the custody of your passport, then you can ask the court to do it for you, especially when there are the chances of the child abduction, it can be done on emergency basis or by proper planning.

Do not allow the children out of the state without the permission of both the parties

During the divorce process, there are different type of agreements which needs to follow by both the parents. Normally, we focus on the overall spending of the children and the amount of time that he will be spending with both of them. There is another concern which is not that big but needs attention that there is not any child abduction during divorce, this is the reason why this clause must be accepted by both the parties that children should not be allowed to travel out of the state without the permission of both the parties.

Check the passports, documents or visas that permit travel on periodic basis

If one parent of the child possess dual citizenship, then he can go back to his home country by taking the child with him and getting the visas, documents and passports on the behalf of the other parent. There must be proper steps taken in order to prevent it, as that one parent can take the child away from the other without even concerning him. Thus, it is very important to ask the contact the embassy for checking the documents, passports and visas of that parent on periodic basis.

Laws related to Teen Sexting in Maryland

What is sexting?

The Term sexting is used for sending nudes or sexually explicit content through the means of electronic gadgets. Teens are usually found sexting by sending nude pictures through their cellphones. Few states in US have specific regulation and criminal laws for tackling issues related to sexting, whereas other states do not have any specific laws against sexting. Maryland is one of the state which does not count sexting as a criminal offense. If the act of sexting is undertaken by an adult with a minor then he/she would be subjected to child pornography charges.

Sexting Law in Maryland

Maryland has no sexting law, however the teens can be prosecuted for intentionally placing the sexting clips of others on internet and causing them emotional distress. Sexting is known for giving a boost to cyberbullying, where the sexting clips are placed on internet to cause emotional trauma to the other person.

Although teen sexting in Maryland itself is not an illegal act, however the teens can be prosecuted for distributing and storing the nude pictures of any minor. In July 2016, a 17 years old boy was charged for distributing sexually explicit photos of minor girls. The pictures for which the boy was charged were originally selfies of high school girls, which they posted on their Instagram account themselves. Further details of such cases are always kept hidden as they involve minors.

Applying child pornography in case of sexting is a challenging task for the court, as the victim also broke the law by initially posting/messaging their explicit selfies. In such cases victims are the one who initially breaks the law by producing the child pornography.

How can Sexting cause trouble for the society?

Some experts consider sexting as a normal act of adolescence, however this act of teens is causing troubles for law enforcement authorities. Such an incident happened in one of a high school where nude clips of girls were uploaded on a website. The parents of those girls wanted an action against the boys who uploaded the pictures, however, the police officer couldn’t take any legal actions as the picture were selfies. According to a psychologist “There are high chances that your teenage daughter have been asked for a nude picture of herself”

Sexting is becoming an alarming situation in different states with the ease of communication mediums. The consequences of Sexting are becoming challenging for parents, schools and prosecutors as it has highlighted multiple other social issues in the society. The schools, parents and law enforcement authorities should take Teen sexting in Maryland seriously, as these explicit photos can damage the immature mind of a minors. It is the duty of parents, child psychologist and schools to guide students about the disadvantages of sexting. While conducting an awareness presentation in a school the state’s attorney asked a bunch of students certain questions regarding their privacy. Such Presentation and self-awareness sessions would enable the immature minds to take better measures to protect their privacy online.