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Mental health challenges such as anxiety, depression, and substance abuse are playing an increasingly significant role in family law cases. Courts now closely examine these factors when determining child custody and visitation arrangements, ensuring that decisions prioritize the child’s well-being and safety. Mental Health and Parenting Ability A parent’s mental health condition alone does not make them unfit; however, judges must assess its impact on parenting capabilities. Custody decisions are based on the specific circumstances of each case, considering both challenges and positive factors. The Effects of Anxiety and Depression Anxiety…

In some situations, parents may need to address financial support for their child before a formal child support order is issued. This type of support, known as retroactive child support, ensures that the custodial parent receives compensation for past expenses related to the child’s upbringing. Understanding how retroactive child support works in Virginia can help parents manage their responsibilities and plan accordingly. What Is Retroactive Child Support? Retroactive child support refers to payments covering a period before the court officially establishes a child support order. In Virginia, courts may grant retroactive child support if …

Life insurance is a vital part of estate planning, providing financial security for your loved ones. However, simply naming a beneficiary may not offer the level of protection or control you desire. Establishing a trust to hold your life insurance policy can provide several key benefits, including avoiding probate, reducing estate taxes, and protecting beneficiaries from creditors. If you’re wondering, “Can I place my life insurance in a trust in Virginia?” the answer is yes—and in many cases, it can be a strategic decision. Below, we explore how this process works and whether it aligns with your estate planning goals. Why Place Life Insur…

A power of attorney in Virginia is a critical legal document that empowers someone else to make important decisions on your behalf. This authority can include selling property, securing housing, managing taxes, and addressing your financial, business, and medical needs. Types of Powers of Attorney Not all powers of attorney are the same. The type of POA you choose depends on your specific needs and goals: General Power of Attorney: Grants broad authority to act on your behalf in all legal matters. The designated individual can make decisions across various aspects of your life, from financial transactions to property management, until the…

When you’re in love and planning a marriage, it’s natural to envision a lifelong partnership. However, the future is unpredictable, and life can bring unexpected challenges, including divorce or the untimely loss of a spouse. While you hope for the best, if you have personal assets before your marriage, creating a prenuptial agreement can help safeguard your financial interests and provide clarity on post-marital considerations. Understanding Prenuptial Agreements Prenuptial agreements, or premarital contracts, are not solely about protecting assets in the event of divorce; they’re about fostering transparency and planning for various poss…

If you have a court order outlining custody arrangements in Virginia for your minor child, and the other party repeatedly violates the order, you have several options to address the situation. These options differ in purpose and requirements, often involving terms like “Rule to Show Cause” or “modify custody.” Here’s what these terms mean and how they apply to your custody order. Rule to Show Cause When one party violates a court order issued by a Virginia court, the non-violating party can petition the court to enforce the order through a Rule to Show Cause. This petition requires the violating party to justify, if possible, why they shou…

According to a CNBC survey, 67% of Americans lack an estate plan. While the COVID-19 pandemic raised awareness about the importance of having a will, only about 33% of Americans have taken the necessary steps to create an estate plan. The survey reveals that 40% of respondents attribute this to not taking the time, while the remaining 60% point to widespread misconceptions about estate planning in Virginia. Myth #1: Estate Planning in Virginia is Only for the Wealthy Estate planning in Virginia benefits everyone, regardless of income or net worth. A thoughtful estate plan ensures your assets—no matter their value—are distributed according …

As a newly divorced parent, you may juggle your children’s school schedules while planning a much-needed vacation. A cruise sounds delightful, or perhaps a relaxing week at the beach is just what you need. However, before finalizing your plans, you must ensure you can legally include your children based on the custody arrangements and travel in Virginia. Child custody agreements often contain provisions that directly impact travel and relocation. To avoid any complications, you must review the terms of your custody agreement to confirm that your plans comply with its requirements. If the agreement leaves you uncertain or doesn’t address yo…

Divorce often raises practical questions about living arrangements, and at ShounBach, our experienced team is here to provide guidance. We aim to help individuals navigate this challenging time with clarity, offering insights to manage living arrangements, including cohabitation during a Virginia divorce.  Living with Your Spouse During Divorce For many couples, cohabitation during divorce is a practical necessity due to financial considerations, child custody needs or even hopes for reconciliation. However, living together while going through a divorce can also present emotional and logistical challenges. The Pros of Cohabitation During a…

When creating an estate plan, it’s important to address all facets of your legacy, including your genetic material. As embryo and genetic material preservation becomes increasingly common, it’s vital to discuss these matters with your Virginia estate planning attorney to ensure your wishes are clearly documented and legally protected. Documenting Your Wishes Preserving embryos or genetic material involves significant emotional, financial, and time investments, making it essential to outline their future in your estate plan. Your attorney can help you include specific directives in your will or trust to ensure your intentions are honored. C…

Navigating a separation or divorce is especially challenging when children are involved. Supporting your kids through this transition is likely your top priority, and if you believe they would thrive under your care, pursuing child custody becomes a critical step. The success of a child custody case in Virginia often hinges on the evidence you present. Courts prioritize the best interests of the child, so it’s essential to demonstrate that your proposed custody arrangement aligns with those interests. Below are key types of evidence that can strengthen your custody claim. Communication Records Maintaining consistent communication with your…

In Virginia, as in many states, couples have the option of a “no-fault” divorce, which allows for a smoother, less adversarial divorce process by focusing on the dissolution of the marriage without assigning blame. Here’s what you need to know about how no-fault divorce works in Virginia. What is a No-Fault Divorce? A no-fault divorce means neither spouse must prove the other’s wrongdoing to end the marriage. Instead, it allows couples to simply allege that the marriage is beyond repair with no realistic hope of reconciliation. This approach is distinct from fault-based divorces, where one party must show grounds for divorce, such as adult…