Hi I’m a 17 year old female who lives in southern California. I have been living with my dad for the past two years and have supervised visits with my mom.
How could I change custody from my dad to my aunt and uncle? They live in Utah and would love to take care of me for the next year until I am 18. Can I do this legally without having to bring in lawyers? My parents are going through a nasty divorce thats lasted for the past 6 years.
Thanks so much!

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Virginia Divorce Lawyers Arlington County Fairfax Prince William Fredericksburg Loudoun Beach Lynchburg

Claire N. Jacobi v. Peter H. Jacobi
CIRCUIT COURT OF ARLINGTON COUNTY, VIRGINIA
56 Va. Cir. 164
May 10, 2001

Plaintiff wife filed for divorce from defendant husband on February 28, 2000.  As grounds for the divorce, the wife stated that the parties had lived separate and apart from each other without any cohabitation and without interruption, although remaining within the same house. During such time, it was the intention of at least one of the parties that the separation be permanent; and, there was no possibility of reconciliation between the parties.

Whether the continuance to reside in the marital home together is sufficient for grounds of living separate and apart for one year?

There are no comparable circumstances in this case to eliminate the risk of collusion. Here, we have only the limited testimony of two witnesses who claim that Mr. and Mrs. Jacobi have separate bedrooms in the marital home; however, neither witness ever stayed as an overnight guest to witness whether they slept in separate rooms at all times. While common sense cannot be abandoned and the presence of two bedrooms is some evidence of separation, it should be noted that many couples choose to sleep in separate rooms as the years go by for any number of reasons while not intending to end the marriage. The admittedly limited corroboration by the witnesses at the February 20, 2001, hearing, coupled with the lack of any explanation legitimizing why the parties continued to reside together in the marital home, is not sufficient corroboration.  In this Court’s opinion, the degree of corroboration was insufficient and the complainant was invited to provide authority for the Court to grant a divorce under these circumstances. After careful consideration, it is this Court’s ruling that a divorce cannot be granted on the ground of living separate and apart for one year because the parties continue to reside in the marital home together and because of the insufficiency of the corroboration.

Based on the forgoing, the Court declines to enter the final decree of divorce based on one year separation.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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Virginia Divorce Lawyers Desertion County Cruelty Spousal Support Fairfax Richmond Beach Loudoun Prince William Fredericksburg

Sarah Johnson Vardell v. William Norman Vardel
Supreme Court of Virginia
225 Va. 351
April 29, 1983

The wife further requested that the husband be enjoined from “going on the premises” of the marital abode, owned jointly by husband and wife. An ex parte hearing was held on the injunction request that day and an order preventing the husband from “going on the premises” of the home. Later that day, the sheriff served the husband with the subpoena in chancery for a divorce in Virginia and the injunction order at the marital residence. The husband voluntarily left the premises.  The husband then filed an answer and cross-bill for a divorce in Virginia alleging that the wife’s obtaining an injunction without cause, restraining the husband from going into their residence, constituted constructive desertion by her.  The husband sought a divorce on this ground and requested dissolution of the injunction.  The Chancellor denied the wife a divorce because she failed to prove that the husband was guilty of cruelty. However, the Chancellor granted the husband a divorce on the ground of the wife’s constructive desertion in obtaining an injunction against him.

The wife appeal from a judgment of the Circuit Court of Chesterfield County

Whether evidence of the eviction from the marital abode, pursuant to an injunction order entered ex parte is sufficient to support a divorce on the ground of cruelty?
Whether the trial court erred in holding that the court-ordered ejection of her husband from the family domicile constituted cruelty and desertion on the wife’s part?

The wife presented evidence in support of the injunction legally sufficient to cause the chancellor to require the parties to separate, such action, without more, may not ipso facto be converted into a basis for granting a divorce to the husband when the wife is unsuccessful in proving her grounds for a divorce.

This Court, noting the injunction order did not direct the sheriff to remove the wife from the home, found the sheriff acted “hastily” and followed the instructions of the husband who told him to break the door down if necessary. The Court held that the conduct of the husband and his cousin, the sheriff, amounted to “gross cruelty and humiliation,” constituted “terrible treatment,” and clearly established that the husband was guilty of cruelty tantamount to constructive desertion.  The egregious circumstances in Brooks v. Brooks, 200 Va. 530, 106 S.E.2d 611 (1959) stand in striking contrast to the facts in the present case.  Here, the initial decision to evict, made ex parte, was affirmed within eight days upon a full adversary hearing. The actual eviction was uneventful; it was in accord with the letter of the injunction order and was unaccompanied by the disgraceful conduct present in Brooks. Thus, Brooks is not controlling here.  For these reasons, those portions of the July 1980 final decree awarding the husband a divorce on his cross-bill, and permitting the wife to resume her maiden name, will be set aside and annulled.  The trial court’s decision that the wife has failed to prove defendant was guilty of cruelty has, of course, become final.

Thus, the suit will be remanded on the wife’s bill of complaint for divorce for further proceedings not inconsistent with this opinion.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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Have just come to know there’s such a law. I came upon it by sheer coincidence as I searched for means to help a hospitalized family member. Knowing about this law has gotten me thinking so much!!!

Are there any outstanding cases which have come because of this law?

And what do lawyers or law professor see wrong with it?

Is it detrimental to patients in general, even if in indirect way?

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Costa Rican Lawyers: How to find the right Costa Rica Lawyer

Costa rican lawyers are the resource for legal advice and for the application of laws of the country of Costa Rica. Costa rican lawyers practice specialties such as criminal law, immigration law, domestic or family law, trademark law, offshore banking, investment and financial law to name but a few. In Costa Rica, lawyer is termed “abogado”, the Portuguese word for lawyer.

Costa rican lawyers are easily found in phone books, online or in advertisements. Should you find a need for a Costa Rica lawyer, do not leap on the first one you come across. You may not be selecting the correct type of attorney at all. Imagine that you are in need of a lawyer to complete your application for permanent residence. If you make an indiscriminate choice with no research, you may end up with a lawyer that only has expertise with offshore investments. In order to assure that your Costa rican lawyers are capable of fulfilling your requirements, research before retaining. Even though it may take some time to find the proper Costa Rica lawyer for your needs, it will save you time and money in the long run. Interestingly, Costa Rica lawyer websites often are not in Costa Rica, they are outsources to the US.

Specialists in many fields of expertise are available among Costa rican lawyers. Costa Rica has become a very popular place to retire. Expatriates regularly require the services of a Costa Rica lawyer to help them legally and properly invest in real estate and business. Many Costa rican lawyers specialize in immigration law to aid those with resident status issues or with application for residency. Expatriates and tourists frequent Costa rican lawyers because they are unfamiliar with Costa Rican laws and requirements and they need quality, reliable information.

When selecting a lawyer in Costa Rica, look for legal representative that specializes in your area of concern. Research multiple candidates until you are certain you have found a capable, honest, experienced and knowledgeable consultant.

You may choose to research Costa rican lawyers in person, online or by word of mouth. You will most likely get a long list of results online. You can narrow the results by searching for the specific sort of attorney you need. Once you have refined the list, contact the lawyers with questions about your issue until you find one (or a firm) that you are sure will capably carry out your assignment. Don’t hire the first lawyer you find. Shop around to assure that you have done your best to hire the most efficient and reliable Costa Rica lawyer possible.

Should you have relatives or friends in Costa Rica ask them for their reference or recommendations in your quest for an attorney. When in Costa Rica, make your selection by personally consulting with various attorneys until you find the attorney or firm that suits you.

By doing your diligent research to find an appropriate Costa Rica lawyer, you will be assured of having your legal concerns addressed successfully.

More Family Law Lawyer Articles

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New York Divorce Lawyers Recent Decisions

Where father testified that his wife agreed to the reduction in child support on the condition that he help his son find a place to live and that he support him financially, where father testified further that he paid his son more than ,000 over a two year period for housing, food and clothing, and where according to father, mother did not at any time during the almost five year period between the first reduced payment and the filing of her petition for arrearages object to the reduction in child support payments, father’s payments to his son were made in reliance upon the statements and conduct of mother and, therefore, mother was equitable estoppel.

Child support payments become a vested right as they accrue and cannot be unilaterally terminated by the defendant, and neither can they be modified as to amount or time of payment. In the proper case, however, courts will give effect to an agreement between the parties to waive or reduce payments, or courts will apply the doctrine of equitable estoppel Where the mother, who was the custodial parent under the divorce decree, either consented to or acquiesced in a child living with the father and the father supported the child, the doctrine of equitable estoppel may be applied to allow the father an equitable custody. The test has also been stated more broadly to be whether the conduct of the plaintiff mother, as shown by all the circumstance of the case, was sufficient to justify the conclusion that the enforcement of the decree as to unpaid support would be unjust and inequitable to the defendant father.

In cases allowing an equitable credit against support arrearages, the essential element of detrimental reliance has been present; that is, the court has found that the defendant father relied upon the plaintiff mother’s conduct indicating her willingness to give up or modify her right to custody or support.

It is well-established that past-=due installments for child support are the vested rights of the designated recipients and the court lacks the authority to modify those amounts which have already accrued; therefore, any modification in child support payments will only act prospectively.

The required elements for equitable estoppel were not presented where the plaintiff had not by her conduct caused the defendant to suffer any irreparable harm, the failure on the plaintiff’s part to make any demand on the defendant until five years after the defendant reduced payment did not create an equitable estoppel, and the record did not reveal that there was an agreement between the parties to reduce the amount due for child support nor did it indicate that the defendant relied upon any conduct by the plaintiff.

Payments

Even though ex-husband was paid bi-monthly, he could be ordered to make weekly payments, and the trial court was within its discretion to order an increase in child support to per week.

Trial court did not err in refusing to abate child support payments for the time during which husband claimed that he did not know the whereabouts of the wife and child and this section precluded any modification of child support payments which had accrued. Trial court did not err in refusing to abate child support payments for the time during which husband claimed that he did not know the whereabouts of the wife and child and this section precluded any modification of child support payments which had accrued.

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A Look at Divorce Lawyers

There may come a point in your marriage when a breakup is inevitable and if that happens a good divorce lawyer will be the first item on a list of things to do; some advice on what to look for is below:

Fully qualified to deal with your case

Have the proper demeanor

Be trusted by their clients

Whilst it is nice to know your attorney is good in divorce battles it will be to your advantage to choose one with a good mediation record. It also follows that you feel comfortable with them and feel confident they will serve you well.

Adversarial attorneys will use the hammer to crack a walnut approach which often happens when these cases go to court whereas an attorney who specializes in mediation will take a much calmer approach. Planning is all important and whilst there are things you need to prepare for, any contact with your divorce lawyer should be brief and to the point.

Costs are always an issue so write down everything you want to ask and in a logical order always making sure there is an accurate record of times dates and the duration of conversations. Keep a record of all correspondence and conversations and try where possible to have conversations on the phone which will reduce the amount of time required to see them in person.

Your attorney is there for advice and any foreseeable legal actions so do not rely on them for anything but what you are paying them for, and especially not as a shoulder to cry on. The behavior of your spouse, unless pertinent to the divorce, is of no concern to your divorce lawyer and will only distract them from the task at hand.

You really want your lawyer to know that you are in control and in charge of what is going on and that they are to help you with legal and technical issues and not to get your life straight. It is important they know any decisions regarding the divorce are yours to make and they are there for their knowledge and experience in providing legal recommendations. As the person paying for their service, you should expect to be sent copies of any relevant documents and if there are any issues that need to be clarified that a prompt response by them is expected.

Don’t think that you have to enter into proceedings armed with a lawyer in tow as they aren’t always necessary although you may wish to speak to one just for advice on a marital settlement for example. In these circumstances you may only need to write down any issues you are unsure about and speak to your lawyer regarding those, and possible outcomes. Marital settlements are something that can be arranged by the individuals involved and then have them checked by a divorce lawyer; then if things don’t work out, the lawyer can always be hired to make the divorce settlement.

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Best divorce lawyers more appropriate to avoid lengthy procedures

During divorce every couple seeks the best divorce lawyers to carry on the procedure fairly, faster and without any complexities. The best divorce lawyers are not very difficult to find just a search through yellow pages or internet surfing is enough to get the names. Best divorce lawyers sometimes have their own sites in which one just to have fill in some information and he/she will get the feedback as soon as his/her case is being considered and the lawyer is ready to undertake the proceedings. Before making any formalities further the lawyers arrange personal meet with the clients to make themselves clearer regarding the case, they discuss the reasons that are leading the couple at the stage of divorce.

Direct communication with the best divorce lawyers is not very easy, sources, information are required for the purpose. One has to be very clear in front of the lawyer and should disclose information regarding the case. This can help the lawyer to conduct the hearings in a better way. Sometimes only one among the couple demands for divorce and the other often rejects to sign on divorce papers, the lawyer should be capable of carrying out the court proceedings in such a way that the one pleading for divorce gets the divorce lawyers to avoid lengthy procedures of court and for divorce; if the couple doesn’t have any strong basis for divorce than even the best divorce lawyer cannot help them in getting divorce.

Before making any plead for divorce it is advisable for the couple to see the probability of carrying on their marriage. If they see any possibility they can try again with a new beginning forgetting the past and starting all over again. Many a time’s anger is the only reason that leads the couple to take the tough decision like divorce, therefore it is better for every couple to make a calm thinking and give a second thought to the decision.

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Dealing With Divorce Lawyers

If you and your ex feel you can separate amicably, do you even need a lawyer? If you’re already separated, will you ever need your lawyer again? What do you need to know about working with them effectively?

I am not a lawyer myself, but I have definitely been a client. In my divorce I was in the legal system off and on for almost three years, including almost a year of mediating my separation agreement. Here are some important things to bear in mind when you’re working with a divorce lawyer.

You Are the Quarterback

While lawyers are a part of your divorce team, you must be the quarterback. It’s like when you are renovating a home. You can hire an architect, a designer, a contractor and a painter who all have their expertise to bring. But ultimately, you’re the one who has to wake up in the morning and live in the house. Your lawyer may have a lot of answers for you, but you need to be the ultimate decision-maker and call the shots.

Most Lawyers Are Trained as Gladiators

The legal system is adversarial and pits one party against the other. Many lawyers are trained with the “us vs. them” mindset. Particularly if you have children together, you’ll need to consider how you can have a long-term, hopefully cooperative, relationship with your former partner long after the case is over. Make sure that your lawyer understands your long-term goals as well.

Trust your Gut

Pay attention to your own intuition when selecting a lawyer. Does the lawyer speak English or legalese? How well does the lawyer listen? How about answering the question you actually asked? Can you trust him? Will the lawyer be available to answer your calls in a timely way? What is the lawyer’s track record of going to court or not? Is she a family law specialist? You’re entrusting your lawyer with so much, it’s important the lawyer values you as a person, not just as another file.

Think Outside the Box

There are options for working out the details of your divorce other than going to court. Think outside the courtroom box and consider divorce mediation or collaborative law. In divorce mediation, you work with a trained mediator who acts as a neutral third party to negotiate details of your agreement with you. In a collaborative arrangement, both lawyers work side-by-side with their clients to create agreement. Other related professionals, like financial planners, divorce coaches or therapists and parenting advocate can be part of the collaborative team. The intention upfront of all parties is to settle the divorce out of court. In fact, both lawyers must sign an agreement that if they are not able to reach an agreement, they cannot represent their clients in any future court proceedings. Instead of their incentive being to drag the process out, collaborative lawyers have an incentive to reach agreement.

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Twenty-Eight Verrill Dana Attorneys Recognized as New England Super Lawyers, Most of Any Law Firm Based in Maine

Portland, ME (November 26, 2007) –  Twenty-eight lawyers from Verrill Dana, LLP have been selected by their peers for inclusion in the 2007 edition of New England Super Lawyers.  This impartial and well-respected annual guide recognizes the top five percent of lawyers in Maine, Massachusetts, Vermont, New Hampshire, Rhode Island, and Connecticut.  The rigorous selection process includes peer nominations, a blue-ribbon panel review and independent research on candidates.  Advertising in the New England Super Lawyers guide has no bearing on the selection process.

Portland attorneys included are Eric D. Altholz (Employee Benefits/ERISA); Juliet T. Browne (Environmental); Anthony M. Calcagni (Real Estate); Roger A. Clement, Jr. (Bankruptcy & Creditor/Debtor Rights); Judith M. Coburn (Estate Planning & Probate); Christopher J.W. Coggeshall (Real Estate); Douglas P. Currier (Employment & Labor); Beth Dobson (Banking); Gregory S. Fryer (Business/Corporate); Gregg H. Ginn (Employee Benefits/ERISA); James G. Goggin (Intellectual Property); Mark K. Googins (Business/Corporate); William S. Harwood (Administrative Law); David C. Hillman (Bankruptcy & Creditor/Debtor Rights); Keith C. Jones (Business/Corporate); James T. Kilbreth (Business Litigation); William C. Knowles (General Litigation); Alan D. MacEwan (Business/Corporate); Christopher S. McLoon (Tax); Richard G. Moon (Employment & Labor); Charles R. Oestreicher (Real Estate); James C. Palmer (Real Estate); and A. Robert Ruesch (Construction Litigation).

Boston attorneys included are James F. Coffey (Business/Corporate); Gene D. Dahmen (Family Law); Donna M. Evans (Business Litigation); George P. Field (Business Litigation); and Gail Pennington (Estate Planning & Probate).

“We are honored that so many of our lawyers were chosen for this distinct recognition,” said Verrill Dana Managing Partner David E. Warren.  “While only five percent of attorneys practicing in New England were selected, nearly 30 percent of Verrill Dana lawyers were chosen for inclusion.  They, along with their colleagues, help to make Verrill Dana one of the most respected law firms in New England, and beyond.” 

About Verrill Dana:

Verrill Dana, LLP is a full service law firm with more than 100 attorneys conducting a nationwide practice from offices in Portland, Augusta, and Kennebunk, Maine; Boston; Hartford; and Washington, DC.  To learn more, visit our website at www.verrilldana.com.

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