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November 2014 Archives

Protective orders can help prevent family abuse

Virginia residents who are victims of family abuse may be able to obtain a protective order for situations involving domestic violence, stalking, sexual assault and other potentially harmful acts. If an individual is afraid they may be hurt, killed or sexually assaulted, they may qualify for a protective order. The goal of such an order is to prevent an individual from being harmed and keep away anyone making threats against their safety.

What are the factors to deciding visitation rights?

When making decisions about visitation, there are a number of factors that a judge might consider. Generally, the court seeks to provide consistent and predictable interaction with each parent. However, there are some factors, such as abusive behavior or neglect, which might cause a judge limit the interaction a child has with a parent. Any plans made are typically focused on the child, seeking to provide a situation that offers a safe and healthy environment.

Chapter 13 bankruptcy plans for Virginia residents

Virginia residents may elect to file a Chapter 13 bankruptcy if they do not qualify for a Chapter 7 bankruptcy or they have assets such as a home that they wish to protect. With a Chapter 13 bankruptcy, the debtor files a plan with the court that specifies the frequency and amount of the payments that will be made. If this plan is approved by the court, the subsequent payments will be distributed to creditors by the bankruptcy trustee.

What is considered the best interest of the child?

In Virginia, there are several factors used to determine if a custody or visitation decision is in the best interests of a child. The first factor that is taken into account is the age of the child and the changing needs of the child as it gets older. The current physical and mental needs of the child are also taken into consideration when determining if an action is in his or her best interests.

Filing for Chapter 13 bankruptcy in Virginia

Those in Virginia who wish to file for Chapter 13 bankruptcy must meet certain criteria to be eligible for such procedure. Anyone looking to file must have unsecured debts of no more than $383,175 and secured debts of no more than $1,149,525. In addition to that requirement, the debtor must be an individual or a person running an unincorporated business.

The aspects of legal child custody

When couples with children divorce, custody of the children is one of the major aspects they focus on during negotiations. Once a child custody agreement has been reached, both parents must abide by the agreement. If either parent ignores the agreement, that parent might be found in contempt of court. Before an agreement is reached, it is important to understand the definitions of both physical and legal custody.

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