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Virginia Family Law Blog

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Recent international child custody case involves three countries

Child custody cases can be extremely complex. These cases often involve many different elements, and when the case involves parents living in different countries, there are even more variables to consider and more jurisdictions that must cooperate in order to resolve the case.

A case involving international child custody across three countries started today in federal court. The case involves two twins, who are currently living in the United States with their father. The mother who is a Romanian national and resides in Romania but has U.S. citizenship, is fighting for custody after her former husband brought the children to the United States for a summer visit, but filed for divorce from his wife and sought full child custody.

Child custody battles can be stressful, drawn out

When two people start the divorce process, the first thing that both of them usually do is think about their children if they are parents. Child custody can be a very contentious issue for some Virginia couples. Understandably, both parents might want full or at least partial custody of their children.

This can sometimes lead to the two parents arguing continuously over what the proper child custody arrangement should be. Often, it can be best resolved outside of a court decision, through a mutual agreement. However, if neither parent wants to compromise, a judge might be left to consider who should have custody of the children and who should pay child support.

Marriage isn't always forever, but for some, neither is divorce

Marriage is something that many people consider to be a lifelong decision. Couples often hope that their relationship can avoid and tight turns or bumps that might derail their marriage. Sometimes, however, marriage does come to an end. Although marriage was once thought to be a "forever" committment, divorce was also something that was once thought to be a permanent change for most people.

Although still fairly uncommon, we hear more stories today about people who were divorced many years ago, but have now found love again, with the same person they divorced sometimes decades earlier.

Marriage used by some as loophole, others as commitment ceremony?

Marriage is not something that should be taken lightly. While many people choose to marry another person because they love them and hope to spend the rest of their lives with that person, some might have other intentions with tying the knot.

According to a recent article by the American Bar Association Journal, there are many instances when two people might decide to marry each other to get around a law or prevent some sticky situation with the law. One example that the article mentions was using marriage as a way to fast track an immigration process. Another situation mentioned was marrying someone who might be a witness against a person in order to invoke a spousal privilege. While these situations might occur, given the divorce rate it is important for people to think about the real reason they want to marry a person before tying the knot.

College planning might be important during Virginia divorce cases

Many parents hope that their children will attend college after high school. Some parents decide that they want to help their children pay for all or part of their college education expenses. To do this, a savings plan of some sort is started, most likely in the parents' names for the benefit of the child. There are different options that parents have when saving for their child's education.

One of the plans parents might use is called a 529 plan. This type of plan is an investment account specifically for a child's education purposes. Use of the money for something other than education comes with a significant tax penalty. During a Virginia divorce, it might be wise to discuss what should be done with the 529 or similar savings plan for a child or children.

Parental alienation common in divorce, child custody cases

When two people go through a divorce, there are many changes in their relationships. They might not talk with their ex's family, and they might lose some friends that were closer to their ex. These are loyalties that sometimes are unavoidable. However, parents might also face resistance from their children during and after a divorce. This might be called Parental Alienation Syndrome.

In these cases, children start to not associate with one parent, and might take sides with their other parent in a divorce. Although they might not have justification for their thoughts, they might believe that they have become estranged from one parent because of conclusions they have drawn on their own. However, sometimes ex-spouses might say something in front of their children to make the children not want to associate with their other parent.

Millionaires' child support case has international aspects

When two parents have a lot of assets, their child support payments for children that they have together can be very large. However, no matter the amount of money a person has, child support payments can be very contentious, and result in legal problems for either or both of the parents.

A recent lawsuit was filed against a woman whose wealthy family and life as an adventurer have reportedly allowed her and her child to live a life of luxury. The woman's ex boyfriend, who is the father of their child, said he was deceived into paying more than $50,000 per month in child support. The woman has homes around the world, and has been said to live in Hong Kong with her daughter, making this a potentially complex international family law issue.

Child support can help single parents in Virginia

Parents who have gone through a divorce might find themselves in a difficult financial situation. If they have more than one child from their marriage, and don't make a lot of money on their own, they might be forced to make some extreme compromises. Although parents love their children dearly, the expenses of having growing children can be overwhelming at some points.

While working full time or multiple jobs is one option, a parent might then be forced to put their children in child care when the children aren't at school. This can eat up a significant chunk of a family's income. If a Virginia parent isn't receiving child support from the other parent, they might want to pursue it. This can help increase income to pay for the children's expenses.

Digital communication can affect Virginia divorce outcome

We live in a very digital age. When a person goes through a Virginia divorce, they often take to their digital devices to voice their opinions about their soon-to-be ex-spouse. They also might hope to reconnect with friends, and show their ex that they can move on and live without them. While it is fine for someone to want to move on, and reconnect with people, they might want to use their digital devices, including social media, with care.

Many postings on social media websites as well as email or text communication with other people can easily become public, and possibly be used against a person in their divorce or custody case. It could demonstrate to a judge that a person is an unfit parent, or might raise questions as to their need for money or support in any way.

Increasing number of people buy homes together before marriage

According to a report, people who are included in the millennial generation are much more likely to buy a home with their significant other before getting married, compared to people from their parent's generation. Approximately 25 percent of people in the millennial generation buy homes with their partners before getting married.

The reports points to a growing trend, and it is important that people understand how this might legally tie the two people, despite not being married. It might also be wise for couples to discuss agreements about what would happen to that property if they were to split up or decide against marriage. An experienced family law attorney can help a couple understand their property situation, and how the law works for dividing up property if the couple gets divorced in the future.

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