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Fredericksburg VA Family Law Blog

Visitation for Deploying Parents - Military Divorce and Military Custody

Members of our Armed Services make many sacrifices to help protect our country. The Virginia General Assembly recently amended a provision relating to child visitation, to help lessen the impact of deployment on military members and their families. Virginia Code Section 20-124.8 now allows a deploying military member to ask to designate a family member to exercise visitation while they are deployed. In the past, when a military member who had visitation rights but was not the primary physical custodian of the child was deployed, visitation between military members' children and the service member's family was suspended. Now, given enough advance warning, a military member can at least ensure that his/her children have a continuing connection with the service members' family.

Under the Virginia Military Parent Equal Protection Act, the deploying military member may file a Motion or petition with the Court seeking to designate a family member to exercise their visitation during their deployment. That Motion can "assign all of their visitation rights or a portion of their visitation rights to a family member that has a substantial relationship with the children".

The provision can also allow court ordered contact between the children and the service members' family where the service member was the previous physical custodian of the child.

Importantly, this Order delegating visitation rights and custody rights does not create a permanent visitation between the child and the service members designated family, but still remains enforceable during the military members deployment. This distinction is important, to protect not only the deploying military member but the other biological parent.

If you are a member of the Navy, Air Force, Army or Marines who is set to deploy, give Jarrell, Hicks & Waldman a call to discuss your options to ensure that your children continue to have a close relationship with your family during your deployment. Jarrell, Hicks & Waldman is a divorce, military divorce, and custody law firm for the City of Fredericksburg, Spotsylvania County, Stafford County, King George County, Caroline County, Marine Base Quantico, Dahlgren Naval Weapons Station, and Fort A.P. Hill.

Support of family and friends helps those through divorce

I'm sure most of us have had a friend or family member divorce. The problem is sometimes we don't know what we can do to help them through the process. For those going through a divorce, the support of friends and family is sometimes what gets them through this trying time and experts have put together a list of things you can do to help a person going through a divorce.

When a person is going through a divorce, they may need a sounding board. They just want someone to listen to them vent or give them advice. A divorce, like other big changes in a person's life, can be hard to transition through.

Supermodel settles child support case

Child support disagreements are hard and usually need the intervention of the court system to help settle the dispute. This was the case for supermodel Linda Evangelista and the father of her son, Francois-Henri Pinault, who were in court this week trying to figure out an agreement on child support.

This case has been in the media because Evangelista, 46, requested approximately $46,000 a month for child support for their son. To the rest of the world, this sum seemed extreme, but when you are a celebrity figure, the amount may be justified.

How Does a Bankruptcy Affect a Divorce?

Filing bankruptcy before or in the midst of your divorce can cause delays and ultimately affect the resolution of your divorce. Filing for bankruptcy after divorce can also affect liabilities in the settlement and obligations for spousal support. Because the United States Bankruptcy Code provides for an "automatic stay" once a bankruptcy petition is filed, parts of your divorce process may be halted until the bankruptcy is finalized. Additionally, the bankruptcy court may discharge certain obligations against one spouse but not the other, leaving the non-bankrupt spouse liable for marital debts.

Getting a divorce? Know which alternative is best for you

Many people who may be contemplating divorce may not realize that there are different types of divorce and depending on your situation; there may be an easier way to go through the process. While divorce may be common, how you proceed can vary widely.

There are four types of divorce processes, with three of them most recommended by attorneys. The first type of divorce is the do-it-yourself divorce. While it may sound like the way to go, most experts believe that you should not go this route. Divorce is a legal process and you could hurt yourself in the long run by not understanding what you could be giving up.

How will divorce affect you financially?

Many people going through a divorce will feel emotional, but the financial issues of a divorce may weigh heavily on a couple. There are financial issues that should be considered when you are going through a divorce and knowing what they are ahead of time may prevent financial hardship going forward.

Service members hoping Family Protection Act passes

The divorce rate in the United States is approximately 50 percent, but those serving in the military may experience a higher divorce rate because of time apart and the stress that comes from serving our country. With the increase in divorces, comes an increase in child custody issues. For those service members going through a divorce, they understand that they are going into this battle with their choice of career against them. But this may change because it was announced last week that the House Armed Services Committee is trying to garner support from the Pentagon that would strengthen service members' rights in child custody disputes.

The committee is asking for support of the Family Protection Act, which would prevent family court judges from ruling against service members in child custody cases based only on their past or future deployments. When you are in the military you don't have a lot of say in where you will be deployed and advocates for this legislation feel that this shouldn't be counted negatively against a service member. Deployments are unavoidable with some service members and the committee believes that a service member should not be judged on this when awarding primary custody of their children.

Man abducts own child, accused of killing estranged wife

Child custody situations can be contentious and for the parent who believes that they have been treated unfairly, the situation can take a tragic turn. This is the case for a Virginia man who is accused of abducting his daughter and killing his estranged wife.

A manhunt is underway for the 38-year-old man who police say is extremely dangerous. The incident began this week when the man arrived at his parents' home. They currently have custody of his daughter, so he tied them up, so he could take his daughter. He also stole money and told his parents that he killed his wife and then took off in his parent's jeep with his daughter. His parents were not harmed.

The divorce is final -- now the communication begins

Couples who can't wait to be divorced from their spouse sometimes don't think about how they will have to continue to communicate with their ex-spouse even after the divorce because of the children. When the divorce is final, that is the end of the marriage, but these couples need to find a way to communicate and work through challenges until their children are grown.

Bill would protect custody rights of deployed military members

Virginia military families may be interested in a new bill introduced in the House last week that would protect the child custody rights of deployed military personnel. Often times the courts will use a service member's military deployments against him or her when determining child custody issues, according to a spokesperson for the Ohio State representative who introduced the bill.

The legislation would prevent a judge from considering certain military deployments when deciding on what is in the best interest of the children. It would also require temporary custody agreements established during a service members deployment period revert back to the custody status that existed prior to parent being deployed.

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