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SPOUSAL SUPPORT
01/30/2024 The Irving Law Firm
Spousal Support Lawyers In Manassas, VirginiaIt shouldn’t come as a surprise that a divorce can cause drastic changes in you, your family and your financial situation. Spousal support is financial support awarded after a divorce by your former spouse. It sounds like a relatively simple concept, bu...
What’s The Charge For Underage Drinking in Virginia?
01/30/2024 The Irving Law Firm
As the weather begins to warm up, local concert venues begin to open their doors. While thousands in the Northern Virginia area responsibly enjoy concerts at venues such as Jiffy Lube Live, Wolftrap, and Jammin Java, inevitably many young people will consume alcohol while enjoying music at these ven...
Obtaining Service If No Consent Is Signed
01/30/2024 The Irving Law Firm
If the birth father does not sign an Out of Court Consent, then he must be given notice of the adoption proceeding and have an opportunity to appear in court. This is a fundamental aspect of the constitutional right to “due process of law;” the right to notice and the opportunity to appear.There...
What If She Doesn’t Know?
01/30/2024 The Irving Law Firm
Sometimes the birth mother will state that she does not know the identity of the birth father. This may or may not be true. If the birth mother gives a reasonable explanation of the facts and does so under oath, her statement will be accepted by the court. The court will not ask for embarrasing deta...
Custody & Medical Authorization
01/30/2024 The Irving Law Firm
In Virginia, a parent of a child has legal authority to formally grant custody of that child to another person without the need for a court order. It is remarkable, however, how few people know this. Neither hospitals nor insurance companies will acknowledge the validity of a simple parental Transfe...
What Custody Decisions Do Individuals In A High Net Worth Divorce Face ?
01/30/2024 The Irving Law Firm
Child custody cases can be complex and emotionally grueling experiences for those involved, no matter the financial circumstances. For the most part, the issues that high net worth individuals must confront in custody decisions are similar to the ones faced by others working through the process, but...
The Importance Of Independent Counsel
01/30/2024 The Irving Law Firm
In an adoption case, extremely important rights and responsibilities are being determined. The parental rights of the birth parents are being terminated. A new parent child relationship is being recognized. And most importantly, the entire direction of the child’s life is being altered. All of the...
What Can I Do To Fight A Speeding Ticket for Reckless Driving in Virginia?
01/30/2024 The Irving Law Firm
Reckless driving in Virginia is a criminal offense rather than a traffic offense and therefore carries severe consequences. A Class 1 misdemeanor, reckless driving triggers a maximum fine of $2,500 or a jail sentence of up to 12 months in Virginia – or some combination of the two. In addition, you...
The Guardian Ad Litem
01/30/2024 The Irving Law Firm
The law requires that an attorney be appointed by the court to serve as guardian ad litem for the child. This attorney’s job is to investigate and report to the court whether the adoption is in the best interests of the child. This requires the guardain to interview the adoptive parents and the bi...
Attorneys In Interstate Adoptions
01/30/2024 The Irving Law Firm
If a child is being placed across state lines, then another attorney will be necessary. All fifty states and the District of Columbia have adopted the Interstate Compact on the Placement of Children. Among the requirements of that law is a provision which makes it a crime to place a child across sta...
Standards Of Proof In Contested Adoptions
01/30/2024 The Irving Law Firm
While Circuit Courts in Virginia have long had the authority to grant an adoption without the Consents of the Birth Parents of the child, in 1995 the General Assembly adopted Section 63.2-1205 of the Code of Virginia, which establishes standards of proof which the Court is directed to consider in ma...
Attachment & Bonding
01/30/2024 The Irving Law Firm
The terms “attachment” and “bonding” are often confused. Attachment refers to a child’s emotional connection to caregivers. Bonding refers to the caregivers’ feelings and connection to the child. Both are relevant under 63.2-1205, but attachment is of primary concern as it relates more d...
The Home Study Requirements
01/30/2024 The Irving Law Firm
In Copeland v. Todd, the Supreme Court of Virginia pointed out that the standards of proof in contested adoption cases must be read along with eight other factors which the Department of Social Services, or private agency, must investigate and report upon pursuant to Code Section 63.2-1208.Factors R...
Doe v. Doe
01/30/2024 The Irving Law Firm
In the important 2011 case of Copeland v. Todd, the Supreme Court of Virginia upheld the constitutionality of Section 63.2-1205 of the Code of Virginia, which sets out the standards which a court must consider in making the determination that the consents of birth parents to a proposed adoption are...
The Detriment Requirement
01/30/2024 The Irving Law Firm
Published On: February 9, 2018When Section 63.2-1205 was enacted in 1995, it included language requiring the trial court to consider whether failure to grant the Petition for Adoption would be detrimental to the child. In 2006, the General Assembly removed this language from the statute, and substit...
The Catch All Language
01/30/2024 The Irving Law Firm
Published On: February 23, 2018The Standards of Proof which a Court must consider in granting an Adoption without the Consent of a birth parent includes standard “catch all” language.That is to say, that a Court may consider all relevant evidence on the issue of the best interests of the child,...
Fighting For Your Child - An Adoption Story
01/30/2024 The Irving Law Firm
How long would you fight for your child? …days, weeks, months, years? How much money would you spend in your battle to protect your child? …hundreds, thousands, tens of thousands? Many people have had to argue over custody issues when families dissolve, but what if your ex fled the state and tri...
Dealing with Divorce
01/30/2024 The Irving Law Firm
“Mike, we need to talk,” Kate said as soon as Mike walked in the door.“What now, Kate?” He replied in a resigned voice.“Look, I don’t want to fight. This isn’t about us; it’s about Charlie,” Kate explained.Looking wary, Mike cautiously asked, “What about Charlie?”“Mike, she...
What Is The Difference Between Legal Separation and Divorce
01/30/2024 The Irving Law Firm
If you’re at the point in your marriage that you’re considering taking some time off from your spouse, you may be wondering “What is the difference between legal separation and divorce?”First, a caveat: this article should in no way be considered legal advice. You will need to speak to a div...
How Do You Get A Legal Separation in Virginia?
01/30/2024 The Irving Law Firm
Are you thinking of separating from your spouse? Are you wondering, “How do you get a legal separation?”Read below for more information on how to get a legal separation in Virginia.Understanding Legal SeparationThere’s some confusion in Virginia regarding legal separation and it truly is wise...
What Is Divorce From Bed and Board?
01/30/2024 The Irving Law Firm
Divorce can be a bit different in Virginia than in other states. You may have been learning about the process of a divorce and you may have wondered, “What is a ‘divorce from bed and board’”?Keep reading to learn more about divorce from bed and board and what you need to know.Understanding D...
The First Standard
01/30/2024 The Irving Law Firm
The first of the eight standards of proof which a court is required to consider prior to determining whether the consents of birth parents to a proposed adoption are being withheld contrary to the best interests of the child is stated as follows: “The birth parent’s efforts to obtain or maintain...
Protecting Your Elderly Loved Ones
01/30/2024 The Irving Law Firm
First it was losing the car keys…. Then it was forgetting the grandkids’ names.When to step in to protect your parents or other loved ones.There must be millions of missing car keys across America. Who hasn’t had a parent, aunt, neighbor, cousin, or spouse that just can’t ever find their key...
Motions to Reconsider
01/30/2024 The Irving Law Firm
The Department of Public Safety and Homeland Security, through Secretary Brian Moran, has encouraged prosecutors and judges to reconsider sentences for those incarcerated in local and regional jails. To this end, the attorneys at the Irving Law Firm, P.C., have been working to serve the community by...
Updates To Virginia Criminal & Traffic Laws 2020
01/30/2024 The Irving Law Firm
More than 1,200 bills cleared the legislature, and were signed by Gov. Ralph Northam, with most taking effect Wednesday, July 1, 2020.Some of the most notable updates affecting criminal and traffic laws include, but are not limited to:Driver’s License Suspensions:Drivers will no longer have their...
The Constitutional Rights Of Birth Parents
01/30/2024 The Irving Law Firm
The Constitutional Rights of Birth Parents are extremely important. Parental Rights are recognized as fundamental rights under the Due Process Clause of the 14th Amendment to the United State Constitution. Whenever a Court must consider whether the best interests of a child require an adoption which...
Early Release From Prison In Virginia
01/30/2024 The Irving Law Firm
Virginia Passes Law To Release People From Prison: Conditions And Exceptions ApplyIn response to COVID-19, Virginia passed a law allowing the release of people in custody of the Department of Corrections (DOC). While this budget amendment does allow for the release of additional people from DOC duri...
econstruct Inc. Launches New Website
01/30/2024 econstruct Inc.
econstruct Inc. proudly unveils its new website, a testament to its commitment to innovation, transparency, and excellence in construction. With eight strategically located offices to serve Los Angeles, econstruct Inc. emerges as a construction powerhouse dedicated to transforming visions into reali...
The Medlin Law Firm Case Wins: Unlawful Carry Weapon By Gang Member, Fort Worth – Dismissed
01/30/2024 The Medlin Law Firm
Our client was in Fort Worth for a motorcycle rally and was wearing the cut of a particular gang that is considered an organized criminal organization. He was pulled over for failing to signal at a stop sign and was later arrested for unlawful carry of weapon (UCW). The only reason the carrying of t...
The Medlin Law Firm Case Wins: Resisting Arrest/Search/Transport – Dismissed
01/30/2024 The Medlin Law Firm
Our client and his friend were out one night drinking at a bar. As they were leaving, our client was trying to stop his friend from getting into a fight so he kept pulling him back. This caught the attention of the officers and they approached them to talk. Our client kept interjecting, which irrita...
The Medlin Law Firm Case Wins: Unauthorized Use of Vehicle – Reduced To Misdemeanor
01/30/2024 The Medlin Law Firm
Our client decided to take his employer’s car home during his lunch break and unfortunately on the way back he had a minor accident. He did not have permission from his employer to take the car so he was charged with a State Jail Felony of Unauthorized Use of a Motor Vehicle. And on top of the fel...
The Medlin Law Firm Case Wins: Acquitted: Drug Delivery Charge of Over 100 Pounds of Marijuana
01/30/2024 The Medlin Law Firm
The client had delivered over 100 pounds of marijuana to an undercover officer and had prior drug arrests and probations and was looking at a possible long prison sentence for delivering drugs – potentially a life sentence. We had demanded, prior to the trial, disclosure of any confidential inform...
The Medlin Law Firm Case Wins: Not Guilty for Driving While Intoxicated (DWI) Charge with .20 blood test
01/30/2024 The Medlin Law Firm
Our client was stopped as he pulled into a taco restaurant drive through late in the evening. After admitting that he had a few beers earlier, the police officer had our client do the DWI field sobriety tests. Even though our client did well on those tests, but not perfect, the officer arrested and...
The Medlin Law Firm Case Wins: Possession of Dangerous Drug, Parker County – Dismissed
01/30/2024 The Medlin Law Firm
Our client has a heart condition that requires him to take multiple prescription drugs. He does not usually keep the pills in the prescription bottle with the label on it. He was parked on the side of the road messing with his cell phone. Officers pulled up behind him to do a motorist assist in Park...
The Medlin Law Firm Case Wins: Assault, Fort Worth – Case Dismissed
01/30/2024 The Medlin Law Firm
Our client was arrested for assault bodily injury to a family member. She was accused of punching her boyfriend. After only two Fort Worth, TX court appearances, we convinced the DA to dismiss her case without her having to do any classes, community service, probation, or pay any fines or court cost...
The Medlin Law Firm Case Wins: Felony Drug Case, Tarrant County – Reduced To Misdemeanor
01/30/2024 The Medlin Law Firm
Our client was arrested for felony possession of controlled substance (cocaine) under 1 gram and unlawful carry of weapon (UCW) in Tarrant County, TX. After discussing the holes in the DA’s case involving a potential illegal search of our client; they agreed to reduce the felony charge down to a m...
The Medlin Law Firm Case Wins: Unlawful Carry Weapon By Gang Member, Fort Worth – Dismissed
01/30/2024 The Medlin Law Firm
Our client was in Fort Worth for a motorcycle rally and was wearing the cut of a particular gang that is considered an organized criminal organization. He was pulled over for failing to signal at a stop sign and was later arrested for unlawful carry of weapon (UCW). The only reason the carrying of t...
The Medlin Law Firm Case Wins: Driving While Intoxicated with Car Accident, Grapevine TX – Found Not Guilty by Jury
01/30/2024 The Medlin Law Firm
Our client flipped his vehicle on the highway coming from Grapevine, Texas. Officers arrived at the scene and required our client to perform field sobriety tests in front of his flipped over vehicle to make sure the accident was visible to any potential jurors in the dashcam video. Our client admitt...
The Medlin Law Firm Case Wins: .14 Breath Test/Alcohol Concentration – Found Not Guilty by Jury
01/30/2024 The Medlin Law Firm
Fort Worth police department pulled our client over for driving the wrong way down a one-way street. The officers asked her if she had been drinking and our client admitted to a few beers and a few shots. This initiated the investigation of Driving While Intoxicated (DWI). Our client failed all 3 fi...
The Medlin Law Firm Case Wins: Speeding and Weaving through Traffic – Found Not Guilty by Jury
01/30/2024 The Medlin Law Firm
Our client was leaving The Gaylord Texan Resort after his date on Valentine’s day and was pulled over by Grapevine Police Department for weaving in and out of traffic at a high rate of speed in a Porsche. Grapevine police officers ran our client’s criminal background and saw his prior DWI convic...