Roanoke Family Law And Criminal Defense
  • Super Lawyers
  • Million Dollar Advocates Forum
View Our Practice Areas

Roanoke Legal Blog

Virginia man with multiple DUIs pleads guilty following crash

When involved in a relatively minor accident, it may be difficult for a driver to know exactly what to do, especially if no other vehicles are involved. Unfortunately, something as simple as running off the road could make a person react unexpectedly as he or she attempts to move the vehicle back to the roadway. A man in Virginia with multiple DUIs in his past now faces several criminal charges following a car accident.

The most recent event that led to the man's arrest reportedly happened on a day in January. According to reports, the man's vehicle exited the road before hitting a ditch. The vehicle is said to have come to a stop in someone's yard.

Supreme Court may decide constitutionality of child custody law

Courts in Virginia and across the country are often given the difficult task of determining what is in the best interest of a child. Often, different sides have different beliefs regarding what is in the actual best interest; sometimes those beliefs may even contradict what is required by state or federal law. Because of this, a federal law regarding child custody of certain children is now being tested.

The issue surrounds the 1978 Indian Child Welfare Act. With its passage, priority was given to Native American families regarding the adoption of children who are also Native American. However, a family in another state is now challenging the law as they attempt to adopt a child whose mother and father are Navajo and Cherokee, respectively.

Virginia prenuptial agreement: Ensuring enforceability

When a couple decides to get married in Virginia, there are likely a million different thoughts and questions running through each person's mind. While it is certainly important to think about where they will live and whether they will have children in the future, it is equally important to consider what will happen in the event of a divorce. In some cases, the couple may choose the plan for this potential outcome by creating a prenuptial agreement.

Discussions surrounding prenups often begin with an honest accounting of each person's financial situation, including how much each person owns and earns. Equally important to discuss is how much debt each person holds. Without a prenup in place, one person could ultimately hold some responsibility for the other's debt.

Talking to kids about divorce: After the divorce is over

You've probably thought about how you're going to talk to your kids about divorce prior to everything happening. Right now, you're all living together in Roanoke, and you and your spouse are maintaining the status quo. Not long from now, though, you'll be moving out.

Before that happens, you and your spouse want to talk to your kids about divorce and how it will affect them. That's wonderful, and it's exactly what all parents should do. However, you also need to keep in mind how you'll keep the conversation going during and after the divorce.

Experienced legal guidance following a Virginia DUI arrest

As people in Virginia and across the country are aware, no one is perfect. Unfortunately, a single mistake can often have far-reaching consequences, such as when a person is dealing with a DUI arrest. Unfortunately, the state of Virginia has harsh penalties for those accused for driving under the influence.

For example, a person arrested for drunk driving faces an automatic suspension of a driver's license if his or her blood alcohol content is higher than .08. A person who is facing a repeat arrest could face an indefinite suspension. He or she may also face a mandatory prison sentence in addition to heavy fines. The consequences of a conviction vary depending on the person's age, level of intoxication and number of previous convictions.

Retirement asset division during the Virginia divorce process

People in Virginia and across the country are encouraged to begin planning for their retirement as early as they can. They often spend decades of their lives carefully planning their finances for when they no longer work. As a result, retirement funds are often significant, and their division during the divorce process can have a significant impact on both parties.

Virginia is an equitable distribution state, meaning that assets are divided in a way that is considered fair to both spouses rather than equally. This applies to marital assets; assets that are separate from the marriage -- such as an individual inheritance or one that is obtained after the couple separates -- are not subject to division. For many couples, their largest assets are their retirement accounts.

How does Virginia enforce child support orders?

Child support can make all the difference to newly divorced parents who have custody of their children. It can be difficult to adjust your standard of living to a single income while still covering all of the necessities of life. While child support may not actually represent how much you spend to care for your child, it can at least reduce the financial burden.

Unfortunately, not everyone is reliable about paying child support. In fact, some parents are downright terrible at fulfilling their parental obligations, even though the state tries to be very fair in setting amounts. If your ex is flaky or otherwise unreliable, you might wonder what options you have when they fail to pay child support. Luckily, the state of Virginia does understand the importance of child support and protects custodial parents who receive support from the other parents.

Including vacation in a Virginia parenting plan agreement

Many parents in Virginia struggle to come to an agreement regarding the best interests of their children. This may be especially true when the parents are no longer in a romantic relationship, prompting a family court to step in and decide on a parenting plan as part of the divorce agreement. This plan can include a variety of different provisions.

One of the items parents often discuss in their parenting plan is how child custody will be divided among both parents. This includes how vacations will be treated. A variety of different provisions can be included to ensure that there is no confusion regarding this issue.

Process for seeking a modification of a child custody order

As most people in Virginia are aware, changes in life can impact the way children are parented. In some cases, this may mean that even carefully thought-about and agreed-upon child custody plans need a modification. In fact, there are several reasons in which a court might consider modifying a child custody order.

Courts are tasked with determining what the best interests of a child are. Therefore, if a previous order appears to be successful, the court will likely be unwilling to interrupt the child's life by modifying an agreement. However, a modification may be necessary if it is believed that a child's life is in danger as a result of the current plan.

Withholding custody? Don't, unless it's an emergency

Custody interference is a serious allegation to make against the other parent of your child. However, if you've been fighting to see your child and have not been able to because of the other person's actions, you may have a case against them.

With cases of custody interference, one parent decides to withhold custody from the other parent. There may or may not be a reason to do so, but parents are not allowed to withhold custody unless there is an emergency.

Lutins & Pilgreen, PC
209 Mountain Avenue SW
Roanoke, VA 24016

Phone: 540-627-5150
Roanoke Law Office Map

Credit Cards Accepted

Visa Mastercard American Express Discover PayPal

We’d Love Your Feedback!

Get A Free Consultation We offer a free consultation to each prospective client. All discussions are confidential.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to top