Virginia's Juvenile Courts

What I'd like to do is over the next couple of weeks is to give an overview of the juvenile criminal process in Virginia's Juvenile and Domestic Relations District courts.  Through this process you'll come to better understand how they operate; how they are different from the General District Courts; and what to expect if 

and when you are required to appear before one.

So please, click the link to follow this blog and I promise that every 2-3 days we'll be posting something new and exciting - I know how important my time is and how my free time seems to shrink daily so we won't waste you time, I promise.

Trouble at the school bus stop, too many tardy's or even shoplifting can bring you to court.  Take the time to educate yourself and your kids!

CUTTING . . .

I apologize for the graphics but these last couple of weeks I have met with several young people who are cutters!  A cutter in my view is someone who struggles with day to day living and uses it to relieve stress.  I've been told that the self-harm (1) allows them to feel something, or (2) allows them to visualize how they feel!

More often than not their parents have no idea something is wrong.  The picture on the left illustrates the point.

"What's wrong with you?  Are you sick?

                "No.  I'm fine.  Just leave me alone!"

It's not until you peel back the layers and stick around and listen for an answer that you realize the person is in crisis!  Take the time to find the answer to your question.  Know anyone who always wears long sleeves and pants?  Yes, they may just be cold natured or they may be hiding something.

There are estimates that 1 in 200 young people suffer from "self harm".  This morning I was talking to a young man that at the age of 15 said he had no reason to live.  "If this is the best that it's gonna get then tell me why would I want to live?"

There is no doubt that each of us struggles day to day; some worse than others.  Look at what happened recently in Florida, Texas, Puerto Rico, etc. - these young people literally walk among us! Amidst the day to day 'stuff' these kids get further pushed aside.  Don't wait to say when it's too late that, "I knew something was wrong. They were always such a loner!"

Take the time To look - To ask - and To listen!  

TODAY, speak with your kids, and listen to their replies, to truly understand how they are doing ... and then encourage them to reach out to friends who appear to be struggling.  I can guarantee you that each one of us either remembers someone, or knows someone, who just doesn't seem ok!  Just take the time to reach out and let that person know you care.

One of the most precious memories I have of my step son involves a story told to us by a young lady after his funeral.  She came by the house as she wanted to share with his Mom just how special Brent was to her.  She openly admitted that she didn't always fit in as she isn't the prettiest, or the thinnest or even the coolest girl in school; but one day she was talking to Brent at her locker when his gang of friends showed up.  Their greeting was along the lines of, 'Why are you talking to her? Come on let's go do something!'. Brent taught me a lesson that day when she told us of his reply: 'No.  Ya'll go ahead.  Can't you see I am talking to my friend!'

Every interaction you have with someone is important.

Set your standard higher than yourself and don't leave that person until you can walk away

with them being just a little bit better off than before ya'll met!

  

It's the Kids that Matter!

In 1994 Virginia first codified its present scheme for custody and visitation for children. The Legislature at that time enacted Chapter 6.1 to Title 20 of the Code of Virginia. Today those Best Interest criteria are found in Section 124.3.

For all matters dealing with the custody and/or visitation of minor children these Best Interest considerations SHALL be addressed.

We've copied the first five considerations below:

"1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;

2. The age and physical and mental condition of each parent;

3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;

4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;

5. The role that each parent has played and will play in the future, in the upbringing and care of the child;"

It should be abundantly clear that it is the BEST INTERESTS of the child(ren) that are considered - not the parents or grandparents!

Amending Child Custody - A Two Part Test!

     In Virginia a child custody order is never really final - meaning that you can always file to have it reconsidered.  However, the basis by which the court will allow the reconsideration is the occurrence of a material change of circumstances.  It is important to understand that the reconsideration of a previous child custody order is a two part process.

     The first part is the occurrence of a material change of circumstances.  The party filing for the change of custody will be required to prove to the court that there has been a material change.  The court will take into consideration both positive and negative circumstances of the parties involved and determine if there has been a material change of circumstances.  What circumstances (?) should be your next question!

     Based on the historical records of the courts, whether or not a material change has occurred may involve a multitude of factors.  For example, the preference of the child, a change in the requirements of employment, divorce, remarriage, physical and mental health, etc.  The list of what may be considered with respect to a material change is very broad and may include even the moral environment in which the child is being raised.

     If the court finds that there has been a change, then, and only then, will the court consider the second part - that is whether or not it is in the child's best interest to change the prior order.  What often confuses folks is that even though the court may find that a material change has occurred does not mean that custody will be changed.  It simply means that the court will consider changing the prior custody order.  The final decision of the court to change a prior custody order is based solely on the best interests of the child.

     The Virginia Code, as amended, section 20-124.3 details the statutory criteria to be considered in determining the Best Interests of The Child with respect to custody or visitation.

Stepparent Adoption

Adoption can take on various forms depending on the parties to the adoption.  For example, there are close family adoptions, over 18 adoptions, in-state and out-of-state adoptions, international adoptions and stepparent adoptions.  This blog will deal specifically with stepparent adoptions.

A stepparent adoption takes place when the spouse of a child’s birth parent seeks to legally adopt one or more children of their spouse.  While we speak of birth parents, the custodial parent may have previously adopted the child.  An important distinction is made here in that following the adoption you are the parent!  While often a stepparent adoption arises following the divorce of the birth parents, the birth parents need not of been married.  The death of a birth parent and the subsequent marriage of the surviving spouse could also bring about a stepparent adoption.

In Virginia, the non-biological parent petitions the local Circuit Court with the biological parent joining in, and with the non-custodial parent signing a Consent for Adoption.  The fact that the biological parent joins the Petition typically prompts the court to waive the requirement for a Home Study.  The act of the non-custodial biological parent signing the consent, severs that parents rights over the child, permanently.  An important consideration is that if child support is being paid by the non-custodial parent it will end the day the Adoption Order is signed.

If the consent of the non-custodial parent cannot be obtained then there are procedures that may be put into play to facilitate the adoption.  For example, if the birth parent’s whereabouts are unknown, or the parent is not involved in the child’s life and refuses to sign the consent, then alternative steps may be taken.

The benefits of adopting a stepchild are endless, and beyond measure, so it is something that should be seriously considered with the child(ren) and other family members.  Adopting can create bonds between a child and stepparent that may not otherwise be there; for example, stability.  One adoptive father says, “He was already mine. It was just a matter of paper work.”  The commitment a stepparent makes to the child by solidifying their family unit is the greatest benefit of a stepparent adoption.

I take great pride in helping families grow through adoption.  Personally, it is the most satisfying aspect of my profession.  Having suffered the loss of a stepson, I understand and wholeheartedly respect your commitment to your children and your family.

If you just have questions, or for information on initiating this process, contact the Law Office of Kirk D. Berkhimer, P.C. 

How Can I Repair My Credit Score After Bankruptcy? KDB Law Firm Credit and Bankruptcy Part Four

If you have filed for bankruptcy, your credit score will be affected.  So how can you be proactive and work to repair your credit? Here are some important steps to take to improve your credit:

1. Pay on Time (By Paying in Advance): Pay your current bills and loans reaffirmed in bankruptcy in advance. In Part One {LINK} and Two {LINK} of the KDB Law Firm series on credit and bankruptcy we discussed the easiest ways to both help, and conversely, harm, your FICO score: your payment history. As you now know, your payment history is 35% of your FICO score.

2.  Follow Up with the Three Major Credit Reporting Agencies: Send each reporting agency a copy of your discharge notice as well as the schedule of creditors listed in your bankruptcy (schedules D, E, F). This is an important element to being repairing your credit after bankruptcy, as creditors are no longer able to report the discharged debt as owing on your credit file.

3.  Monitor your Credit: Check with each credit agency quarterly to confirm that the creditors are abiding by the discharge order and your discharged debt is being accurately reported. If a creditor fails to accurately report the debt as discharged or is continuing to attempt to collect on the debt, they are committing “discharge violation”. If you notice such discharge violation, which is common in most cases, contact your attorney immediately.

4. Wait Before Seeking New Credit: Hold off as long as possible before seeking credit. You will find lenders who will make loans to you immediately after a bankruptcy, and they will seek you out. It is not uncommon to receive credit card offers in the mail even before you receive your discharge! However, you can expect to pay rates 5-10% higher than most people. That may not seem like a lot, but based on an average 30-year financial lifetime, the additional interest you could pay could end up as much as $200,000 or more.

5. Rebuild Credit with a Secured Credit Card: Many people looking to repair their credit start with a local credit union or bank and open a secured credit card. A secured card (meaning you back it with equal funds in a savings account) will help rebuild your credit history. After 6 months to a year of using a secured card you will find that you can get a more traditional credit card without having to put up the cash first. However, even then be very careful and read the fine print!

In summary: after you file for bankruptcy and receive your discharge, be sure to monitor your score diligently, pay your bills slightly in advance, wait until your score improves before seeking new lines of credit, and improve your score by using a secured credit card.

For more bankruptcy information, visit http://www.KDBLawFirm.net/.

Be safe and be well! ~Kirk Berkhimer, Norfolk Bankruptcy Attorney

Are you enjoying Twitter as much as I am? Find me at @Norfolk_Lawyer.

Divorce: Is it support or property?

In 2005 Title 11 of the U.S. Code was modified.  The changes were far reaching and significant.  One of those changes prohibited the discharge, in a Chapter 7 Petition, of debts and obligations owed to former spouses and/or children as a result of divorce.

However, by choosing to file under Chapter 13 those debts or obligations not considered "Domestic Support Obligations" are dischargeable.

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