Virginia Family Law
A Blog by Jason A Weis, Esq.
Virginia & Maryland Family Law Attorney

Virginia Family Law – Internet, Email & Divorce


April 17, 2012

Woman in Bra 150x150 Virginia Family Law Internet, Email & DivorceAh, the power of the inter-webs.  Our “modern era” has created a host of interesting and unique issues for both couples going through divorce and the attorneys who represent them.  Can I read my husband emails?  Well, maybe.  It may depend upon how you accessed them.  Can my attorney subpoena my wife’s text messages?  Sure, but your attorney is likely to receive only the dates and times of the texts, not the messages themselves.  Screen shots of the texts might suffice.  Can my attorney recover deleted emails or computer files?  Perhaps, but be prepared to pay a computer forensics expert to take the computer apart.  What about what my spouse posted on Facebook or tweeted on Twitter?  What about websites my husband visits late at night?  Is it okay to cheat if I use a service like www.ashleymadison.com?  Must I report my cheating spouse on www.cheaterville.com?  You see where this is going.

Save the last two questions, which frankly are silly, most of these topics require a detailed discussion between client and attorney.  In a growing number of my cases, some of the most useful and interesting materials come in the form of emails, text messages and camera-phone photographs.  Whether and how you use these materials can play an important role in shaping the landscape of your family law matter.



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Virginia Family Law – Child Custody and Visitation – Final Thoughts


February 29, 2012

toddler boy1 150x150 Virginia Family Law Child Custody and Visitation Final ThoughtsThis is the final list of custody and visitation considerations.  We’ll move on to other topics, I promise.  Before I do, however, I wanted to offer a special thanks to David S. Goldberg, Esquire in Maryland.  He is an extremely knowledgable family law attorney and much of this list is drawn from his thoughts on these matters as shared on the listserv he created.

 

Accessibility to Extended Family

Where are the grandparents, aunts, uncles, cousins?

Historical involvement of extended family members

 

Attitude of Each Parent Regarding Visitation

Who is more likely to allow child continued contact with other parent?

Has a party interfered with visitation with the child?

History of visitation disputes

Telephonic, text, email, web-cam visitation

 

The Age and Sex of Each Child

Number of children

Boys/Girls

Ages

Level of maturity

 

Stability and Mental Health of Each Child

Willingness to recognize special needs of child

Special needs of child

How can each parent meet special needs

Medications

Munchhausen’s by proxy?

 

Preservation of Status-Quo

What are the present living arrangement?

How long?

How was living arrangement created, e.g., agree­ment, court order, desertion by one party, etc.

 

Each Parent’s Plans for Day-to-Day Child Care

Child care arrangements (babysitters)

Daily living pattern (work hours)

Distance from home/school in event of illness

 

Each Parents Goals and Values for the child

Career goals

Educational goals

Personal goals

Family goals

Priorities

Religious upbringing

Involvement in civic activities, charities, etc.

Ten Commandments

 

Potentiality of Maintaining Natural Family Relations

With grandparents

With brothers & sisters (split custody)

How far apart will the parents be living from each other?

Does parent insure that children buy gifts, cards, for child to give to other parent for his/her birthday, Valentine’s Day, Christmas?

 

Prior Voluntary Abandonment or Surrender

Did parent leave without children?

How often does he/she visit/contact children?

 

Which Parent Is Best Able to Meet Non- Financial    

Special Needs of Children

 

Professional Opinions re: Custody

Psychologist

Psychiatrist

LCSW-C

Social Worker

To whom is the child most “bonded” psychologically?

Is parent emotionally dependent on the child?

Is child emotionally dependent on the parent?



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Virginia Family Law – Child Custody and Visitation: Parent/Child Relationships & More


February 9, 2012

Two concerned children 150x150 Virginia Family Law Child Custody and Visitation: Parent/Child Relationships & MoreSecond to last post in this series on child custody and visitation, I promise.

Previously, I posted questions about parent “fitness” and past parent involvement.  Today, I have questions about parent/child relationships, child’s preference, living environment, support systems and lifestyle.  As I mentioned at outset of this series, a custody or visitation dispute may involve some, none or all of these considerations.  In making those decisions, the court must defer to the Best Interests of the Child Statute (previously posted).  These questions are aimed at eliciting information from a parent that a court might find useful in making that determination.

 

Parent/Child Relationship

Does the child confide in the parent?

Does the child respect the parent?

Does the parent respect the child?

What is the level and extent of communication between parent and child?

How does the child react to discipline from the parent?

 

Child’s Preference

How old is the child?

How mature is the child?

Can the child accurately assess what is in his/her best interests?

Has the child been pressured into a “preference”?

To whom and under what circumstances has the preference been expressed?

What is the basis for the child’s preference?

 

Home, School & Community Environment

Can the child continue in school activities where he/she will be living?

Are there kids their age in the community?

Will school or parents be able to meet special needs?

Is child involved in clubs, activities, etc?

Is location of home suitable for children?

What is location of school child will attend?

Any concerns for safety of the child in the neigh­borhood or at school?

 

Availability of Support Systems of Each Parent

Friends

Religious groups

New spouse and step-children

Grandparents

Other family members

Mental health professionals

Neighbors

Child care providers

 

The Lifestyle of Each Parent

Occupation and work habits of parent

Involvement in the community

Involvement in church

Excessive use of alcohol, drugs

Responsibility (how were decisions made during the marriage)

Social life (hours kept)

Exposure of child to new romantic interests.

Personal cleanliness

Cleanliness of home

 



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About

My experience and background reflect the hallmarks of success one must demand of a lawyer in Northern Virginia’s legal landscape.  As a native of this area, I have here focused my practice on providing sound and balanced representation to clients navigating the difficult legal waters of family law, including contested divorce, custody, visitation, spousal and child support, and equitable distribution.  More >>>

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Jason A. Weis, Esquire
Shoun, Bach, Walinsky & Curran, P.C.
4000 Legato Road, Suite 400
Fairfax, Virginia 22033

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Phone: (703) 222-3333

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Legal Disclaimer

Thank you for taking the time to read this blog. I hope you find the information here as enjoyable to read as I find to write. Please note that reading this blog does not create a legal relationship between you and Jason A. Weis, Esquire or any other attorney associated with familylawva.com. Moreover, all postings on this blog are merely attorneys' commentary on the state of family law in the Commonwealth of Virginia. THE POSTINGS ARE NOT LEGAL ADVICE – if you have a legal issue or question, I strongly encourage you to contact a lawyer. I would be pleased to refer you to someone if I am able.