Depp / Heard Defamation Trial Lesson: Stay Off Social Media In Your Divorce

We are beginning to see more defamation cases arising out of divorce cases, and the Depp/Heard defamation trial should be a warning to all. I have only listened to bits and pieces of the testimony, but from what I have heard to date (May 5th), is that both parties are crazy and that Ms. Heard was just as guilty, if not more guilty, than Mr. Depp when it came to domestic violence.   Social Media Posts and Divorce Social media has become pervasive; it is so easy to get on our phone and type a quick, salacious note about our STBE (soon-to-be-ex) on Facebook or another platform. For these reasons and others, we ask our clients not to post anything about their STBE on social media.   Case Study on Social Media and Divorce Let me provide a true story: I represented a husband in a divorce case. The parties had two minor twin boys around eight years old. There was never any domestic violence, but the wife was insistent on sole legal and physical custody of the children with the husband only getting every other weekend visitation.   Accusations of Domestic Violence on Social Media During a Divorce My

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Fairfax Divorce Lawyer for Divorcing a Narcissist

Advice from a Fairfax Divorce Lawyer for Divorcing a Narcissist

Divorce is never easy but a Fairfax divorce with a narcissist can be especially traumatic. A narcissist does not like to lose, so you should be prepared for a nasty conflict. Having an experienced attorney will ensure that you have the support and guidance you need. I do want to point out that there is a range of narcissistic qualities, but I will concentrate on those that have serious narcissistic personality disorders. Filing for Divorce with a Narcissist What should you expect when you file for divorce? Expect your spouse to fight you every step of the way. In a narcissist’s mind, they don’t make mistakes and they don’t fail. So, the blame for the divorce will placed squarely on you. Furthermore, a narcissist will use anything they can to protect their ego. You should expect your narcissist spouse to use your children, family, and friends against you, as well as any property and assets. The best thing you can do is hire an experienced divorce attorney. Mediation Most attorneys will tell you that you can’t mediate with a narcissist. I find the opposite is true. It is a matter of getting the right retired judge to mediate who understands

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Attorney Virginia Relocation Custody Case

Can I Relocate with Joint Custody in Virginia?

Are you trying to relocate with your children but must consider your custody agreement? Here’s what you need to know about Virginia relocation custody cases. Virginia Law and Relocating In or Out-of-State If you are the custodial parent and decide to move to a different part of the state or to another state in the country, this creates a relocation custody case. In Virginia, you must provide the other parent and the Court a notice of address change 30 days prior to the intended move. The noncustodial parent then has a right to file a temporary injunction preventing you from moving the minor child until there is a trial.  If you do move after providing the required 30-day address change and the noncustodial parent does not file anything, you could still be ordered to bring the child(ren) back to Virginia. Winning a Relocation Custody Case If the non-custodial parent is not fulfilling their duties to provide child support, maintain a healthy relationship with the kids and engage in parenting time regularly, your attorney can build a strong case that shows that moving out of the state will not adversely affect the relationship between the children and the noncustodial parent. Nurturing

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Grandparent Visitation Rights lawyer Virginia

Grandparent Visitation Rights in Virginia: A Welcome Change for Many

What remedies do grandparents have who have lost their child, and the other parent refuses to allow them any further contact with their grandchildren? Until recently, the burden of proof was on the grandparent to prove that denying visitation would harm the child(ren). This was frequently a costly and difficult hurdle to overcome; which usually required an expert to testify regarding the necessity of visitation. The outcome of these case was too often devastating to grandparent visitation rights in Virginia. New Virginia Code on Grandparent Visitation Rights Virginia Code §20-124.2 B2 now provides that if a grandparent has petitioned the court for visitation with a minor grandchild, the grandparent who is related to such deceased or incapacitated parent shall be permitted to introduce evidence of such parent’s consent to visitation of the child with the grandparent. Best Interests of the Children What this means is that grandparents must first prove that their child wanted them to have visitation with the minor grandchildren and then, that it is in the best interest of the grandchildren to have visitation with them. This is a much easier burden to meet than the previous standard of harm. Grandparent Visitation Rights Lawyer in Virginia Having

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Emergency Custody Issues in Virginia

There is a misconception about what rises to the level of an emergency hearing. Some examples of custody emergencies include the following: One parent is taking the child out of the country permanently to avoid the other parent any access to the child. One parent is arrested for drug distribution and/or has a meth lab in the home where visitation is taking place or where the child lives. One parent is arrested for child pornography. One parent has untreated mental health issues that are seriously affecting the child. Child protective services makes a finding of abuse or neglect, to include sexual abuse, cruelty, or physical injury. Petitioning for an Emergency Custody Order in Virginia An emergency custody order is a temporary order as we need the child moved immediately for their own safety. A full custody hearing will also be scheduled at the emergency hearing and most likely a guardian ad litem will be appointed to represent the child. It is important to find an attorney who is familiar with the Court’s interpretation of an emergency hearing. It can be hard to convince the court to hear the matter on an emergency basis. This is when having a great emergency

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