i FAQs | Frequently Asked Legal Questions

FAQs

02 Feb 2015
Not advisable.  The courts always have the authority to determine custody and child support matters and will ultimately determine what is in the best interest of the children.  If you were to define custody or child support matters in a prenup, circumstances will necessarily be different should you ever separate due to the passage of time.  Therefore, the terms in any prenup would almost certainly not be enforced by a...
30 Jan 2015
Not inherently. This can be complicated because in Virginia there isn’t a specific statute concerning grandparents’ rights. The child custody and visitation statutes refer to parents and “persons with a legitimate interest”, which can include grandparents, step-grandparents, stepparents, former stepparents, blood relatives, and family members.  The courts must consider what is in the best interest of the children and as between parents, the court will apply the ten factors in Va....
26 Jan 2015
Yes. There are a few things that could void your prenuptial agreement:  (1) If the agreement was not signed voluntarily or (2) If the agreement was unconscionable when signed (i.e. grossly unfair – though this has to be more than just lopsided; Virginia law makes it very difficult to find that an agreement is unconscionable) and, before signing, the person wasn’t provided a fair and reasonable disclosure of the property...
23 Jan 2015
Yes.  You can always agree to insert a provision into a Separation Agreement limiting the removal of your children from their residential state if that is a concern.  If you are in a divorce action and can’t reach an agreement, you can seek relief from the Court on this issue and request a temporary order to protect your rights. The federal Parental Kidnapping Prevention Act was enacted to establish national standards...
19 Jan 2015
It depends.  Although we enter into marriage with the expectation it will be forever, unfortunately, divorce happens.  A prenuptial agreement (“prenup”) addresses financial issues and protects the interests of both parties. There are many reasons to have a prenup, including if one spouse has a significantly greater financial wealth or income than the other because the division of property and financial assets can be addressed. If you own a business,...
30 Dec 2014
No. You are entitled to a free annual credit report from each of the three big credit agencies (Experian, TransUnion, and Equifax) every 12 months.  You are also entitled to a free report when you receive adverse credit decisions (e.g. denied credit, employment, or home rental) that were based on your credit report information.  It’s best to request your free annual credit report with a written request.
22 Dec 2014
Yes. While the majority of information may be reported on all three agencies’ reports, there can be information damaging to your score on one that is not on another, as some creditors report to specific agencies and/or one of the agencies may pick something up on public records the others miss (or get wrong where should be different). It’s best to always get all three and review each thoroughly to determine...
18 Dec 2014
Yes. Child support and visitation are separate issues. If the other parent won’t allow visitation, the courts are able to intervene. Contact your lawyer.
16 Dec 2014
Yes. A credit reporting agency can report most accurate negative information for seven years and bankruptcy information for 10 years.  After the appropriate time period, as laid out in the Fair Credit Reporting Act, has passed, the negative information cannot be reported anymore.
09 Dec 2014
Yes. Custody and visitation are always modifiable; however, you must prove a material change in circumstances before getting to any changes (which the court will then look at the best interests of the children as to any new arrangement).  What constitutes a “material change” varies widely and is case-specific, but some examples of likely qualifying changes are if the other parent has a substance abuse problem, is neglecting or abusing...
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Parks Zeigler, PLLC – Attorneys At Law

Parks Zeigler, PLLC – Attorneys At Law N/a
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