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Fredericksburg Family Law Blog

Man adopts 42-year-old girlfriend, questions arise

Sometimes, family law cases can take a step out of the ordinary. More times than not, when Virginia couples choose to add a member to their family through adoption, that member is usually an infant or young child. However, in recent years, more adoption cases are involving adults, for a variety of reasons. Sometimes those reasons involve medical benefit coverage, other times it involves an estate planning rationale.

In October of last year, a businessman adopted his 42-year-old girlfriend as his daughter. The adoption has been in the news recently because many are curious why someone would do such a thing. The man is currently involved in a wrongful death suit and the plaintiff's attorneys allege that the adoption is illegitimate. They believe this is a way for the man to acquire some of his assets that will not be affected by the suit.

Divorce can be a tough decision to come to terms with

For some couples in Virginia, the end to a marriage may be a long time coming. There are plenty of reasons to stay married in today's society. Perhaps it is for the kids or it has something to do with the spouses' inability to financially support them alone. Maybe it has something to do with an emotional attachment that neither wants to let go of, just in case the marriage turns around in the future.

Whatever the reason may be, divorce is a very big life decision.

A prenup would have saved a fortune during the divorce

Any person in Virginia considering marriage should pay attention to the seemingly endless wave of celebrity marriages that are dissolving. If they are any indication, it may be wise for individuals to sign a prenuptial agreement so that the division of assets that occurs during a divorce is more favorable, perhaps for both parties.

One such divorce -- that between the well-known NBA player Kobe Bryant and his wife, Vanessa -- is currently giving many plenty of good reasons to draft a prenuptial agreement before making vows of marriage to one another. According to the basketball player's mother-in-law, the two did not have a prenup in place and they were married for about 10 years.

Divorce rates see large increase in military since 2001

The end of a deployment can be a tough time for a married couple in Virginia. It may seem like a time to celebrate since your spouse is finally coming home, safe and sound. Spouses are thankful for the safe physical return of their significant other, but sometimes the mental trauma that happened to them while they were facing combat remains long after they come home.

Since 2001, military divorce rates have increased by 42 percent. This large spike may have something to do with the serious effects that war can have on an individual. With post-traumatic stress disorder, traumatic brain injuries, depression as well as alcohol and drug abuse, a return home can be a lot harder than it sounds.

Court removes parental rights from father with donor law

In Virginia, there is a law that was created to ensure sperm and egg donors do not bother parents that have successfully used their donations to have a child. Recently, this law was a part of a man's child custody case. It had his parental rights stripped from him.

The man, a Virginia lawyer, and his girlfriend were living together for four years before the birth of their child. After unsuccessful attempts, the couple decided to use in vitro fertilization. With the help of science, the couple was able to have a child in July 2009 but remained unmarried.

Interstate custody issue may be heard by Supreme Court

A father from Virginia is hoping that the U.S. Supreme Court will hear his case. He has petitioned the high court for a review. His case involves interstate child custody laws from the man's home state of Virginia and Utah, the state where his child resides. The man is not married to the child's mother and believes he was shut out by Utah when it agreed to allow his daughter to be adopted by another party.

When the adoption went through, the man alleges that Utah violated his rights as a father. The child was born on February 10, 2009. The next day the baby's birth mother signed a document to permit the Utah couple to adopt the child, waiving Virginia's laws. The baby's father didn't learn about her birth until February 11, 2009 -- after the documents were signed.

Some believe child support system should be reformed

The opinion of some parents has allowed many in Virginia to consider the option of reforming a system that may find a noncustodial parent incarcerated if they do not follow court orders. The child support system has long been considered to be improvable, but many are unsure of what to do.

According to the suggestions of one father, jail should not be used as a catchall. Seeing a noncustodial parent jailed due to a lack of support payments can cause negative feelings toward that parent to arise in his or her child.

Custody check misread by state, causes overdraft fees

For some custodial parents in Virginia, collecting support from their former partner can be a hassle. But for one woman who was receiving $1,500 in child support each month, on time, the hassle came from another party: the state government. According to the woman, her ex-husband writes a check each month for the allotted amount to the state. After that, the amount is transferred into her bank account.

Earlier this month, she began to have financial problems.

After losing custody, mother kidnaps child

Custody battles in Fredericksburg, Virginia can be very difficult for the parties involved. The thought of not being able to see one's child each day can make a parent behave abnormally, potentially leading them to perform criminal acts. One woman did just such a thing after she was determined unfit to be a parent during a custody dispute.

After a court ordered custody of a young boy to his grandmother, a 25-year-old woman -- the boy's mother -- allegedly made the decision to kidnap her own son, thus violating the court order. The 5-year-old was taken from the home of his grandmother after his mother came to the door around 5:00 a.m., asking to use the bathroom. A friend of the grandmother had answered the door and allowed her to enter. Soon after, the boy's grandmother -- also the mother of the 25-year-old -- woke up and realized that her daughter was in her home.

Woman hires hit man to eliminate child support

While some child support cases are hashed out amicably, a recent case in the news highlights the drastic measures some attempt to take in order to skirt family law.

A 48-year-old former sheriff's deputy in Virginia Beach, Virginia recently pleaded guilty to charges that she was conspiring to have her ex-husband murdered by someone she hired. The woman had reached out to a man in Hampton during the month of April to find someone to kill her ex-husband because she did not want to continue paying for child support. Her plot fell apart when the hired hit man, whom she had contacted to finalize the deal through several phone calls, reported her to the police and had audio recordings of their conversations.

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