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.
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.
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.
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.
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.
When parents have a custody dispute and file a petition, courts determine custody and visitation rights in accordance with the best interests of the child. In making the decision, courts look to a number of factors.
Virginia individuals facing financial challenges might consider bankruptcy as a way to get a fresh start, but income eligibility for certain types of bankruptcy must be determined first. Known as means testing, this determination is based on the median income for the household size based on national information developed by the United States Census Bureau, the Bureau of Labor Statistics and other agencies. Correct completion of means testing forms is important for ensuring the most appropriate option is used in filing for bankruptcy.
Noncustodial parents in Virginia normally are given visitation rights to their children, with a few exceptions such as a history of domestic violence or abuse. For noncustodial parents who do have those rights, it may be a good idea to take them seriously. Failing to show up for a scheduled visitation without notifying the child or the other parent could be taken as rejection by the child.
Any man or woman who is the primary caretaker of minor children in the state of Virginia may file to receive financial support from the other parent. In order to receive child support payments from the non-custodial parent, the primary caretaker will have to prove that the other parent has a duty to financially support the child.
People in Virginia considering bankruptcy could benefit their situation by learning about some of the basics for the process. Bankruptcy laws are also meant to ensure that debtors are not abused or deceived by creditors seeking repayment. Additionally, filing for bankruptcy is supposed to give individuals relief from overwhelming debt, allowing for a fresh start when personal debt becomes too much to handle and an automatic stay to stop creditors from trying to collect.