April 15, 2019
Bankruptcy and Virginia Personal Injury Claims — What You Need to Know
If you are contemplating or have already filed for bankruptcy protection, it’s important to know how that can affect your Virginia personal injury case. If you are the plaintiff in a personal injury matter and the defendant has filed for or indicated they will file for bankruptcy, it can have a major impact on your case.
Plaintiff Files Bankruptcy
If you are the plaintiff in a personal injury matter and file for bankruptcy in Virginia while the case is pending, you are at risk for losing the right to claim your medical expenses and bills as part of your demand for damages at trial. There are instances where you can lose the right to claim them prior to trial, even if you did not include them as debts in your bankruptcy paperwork. Some bankruptcy proceedings will dismiss all debts, even if you did not specifically list them.
The ability to claim them in your personal injury case may vary based on the court your case is filed in. Some Virginia courts have allowed you to claim bills included in your bankruptcy, while others have issued rulings that says you cannot since you never had to pay them.
Defendant Files Bankruptcy
If the defendant in your lawsuit has filed for bankruptcy and he or she is at fault for the accident, it can definitely impact your case. The important determining factor is whether the bankruptcy is filed while your personal injury case is pending or after it’s concluded.
If he or she files before the personal injury matter is concluded, you will be listed as a creditor and therefore must stop attempts at collecting any money until the bankruptcy matter is concluded. This is something that could take years in some instances.
There is a way to proceed with your case if you agree to only seek recovery through insurance coverage the defendant has. The downside of this is the insurance company no longer has to worry about protecting their insured, so they may offer less money since there is no personal exposure.
If the bankruptcy filing takes place after your personal injury matter is concluded, there is a chance you lose the opportunity to collect any money. The insurance company would pay the amount of a verdict up to the insured’s limits, leaving the defendant on the hook for the remaining amount. If the judgment is for a large amount, it could be discharged in the bankruptcy. There are some situations, like a verdict related to a drunk driving accident, that are not eligible for being discharged.
Retaining a Virginia Attorney
If you have questions regarding bankruptcy filings and personal injury claims, it’s important to speak to a Virginia attorney who has experience in both areas. Please contact the team of Cravens & Noll PC at 804-330-9220. We have five different offices conveniently located in Central and Western Virginia. Our firm represents both individuals and businesses for a variety of legal matters, including personal injury and bankruptcy. Let one of our knowledgeable attorneys help resolve all your legal needs.
March 29, 2019
Potential Reasons your Virginia Prenuptial Agreement Could be Deemed Invalid
Virginia is an equitable property state, which means that during a divorce, your marital assets will be divided in an equitable manner. Equitable does not mean equal. If you have a prenuptial agreement and it is deemed invalid, the court will divide assets according to Virginia law, not your contract. This is why it’s crucial to have your prenuptial agreement drafted by a Virginia family law attorney.
Here are some of the reasons your prenuptial agreement could be deemed invalid during your divorce.
Agreement is Not in Writing or Signed
The law does not allow for oral prenuptial agreements. Your marital agreement must be in writing in order for the court to determine its validity. And, on that note, if you have it in writing and it’s not signed by your spouse, the agreement will be declared invalid.
You Broke Up Before the Marriage
If you have joint assets prior to the marriage, you may have included those on your prenuptial agreement. If you end up breaking up before the wedding takes place, the agreement won’t be valid as the act of marriage is what would make it valid. To split up the assets you own jointly, you may have to litigate some of these issues.
Your Agreement has Invalid Provisions
The court will determine your prenuptial agreement is invalid if it contains invalid provisions. The courts give considerable latitude when it comes to what a prenuptial agreement can contain. However, if your agreement is in violation of a federal or state law, the judge may deem the whole agreement invalid. There is a chance the judge may only strike the clause that is invalid, but is it worth taking that risk to include something questionable in your agreement?
Agreement Contains Fraudulent Information or Assets are Missing
In order for a prenuptial agreement to be valid, both parties have to disclose all their financials. This includes income, debts, assets, and any other liabilities. If one party is attempting to hide assets or puts fraudulent information in the agreement, there is a good chance the judge will declare the entire agreement invalid. It’s important to be as transparent and forthcoming as possible in a prenuptial agreement so you do not run the risk of your soon to be ex claiming you purposely hid assets or misrepresented some information in the agreement.
Your Agreement is One-Sided
A prenuptial agreement that heavily favors only one party will likely be thrown out. You cannot draft an agreement that leaves one spouse in complete financial ruin in the event the marriage breaks up. These types of agreement are referred to as unconscionable contracts and won’t stand up in court.
Retaining a Virginia Marital Agreement Attorney
In the event you need to have a prenuptial agreement drafted, or you have been presented one to sign, it’s important to speak to a skilled Virginia premarital agreement attorney. By ensuring your soon-to-be-spouse has your agreement reviewed by his or her own independent attorney, it eliminates any claim of being forced to sign under duress or that they lacked mental capacity to sign. Contact Cravens & Noll PC at 804-330-9220 to schedule a consultation.
February 28, 2019
Types of Insurance Coverage Available for Your Personal Injury Claim in Virginia
Like other states, Virginia sets forth minimum requirements on what types of insurance coverage drivers are required to carry. Some drivers may opt to purchase the bare minimums, while others will carry higher limits. Virginia also has a unique option that allows you to drive uninsured, but only after you pay an Uninsured Motorist Vehicle fee to the DMV, and it means you are on the hook to pay for any accident out of your own pocket.
If you’ve been in an accident that was not your fault, it’s important to know what types of coverage may be available to reimburse you for damages you sustained.
Required Coverage in Virginia
If you purchase a Virginia auto insurance policy, you will be required to have a certain amount of coverage for bodily injury, property damage, and uninsured motorists. To satisfy the Virginia requirements, you must have:
- Bodily Injury (BI): Minimum of $25,000 per person and $50,00 per accident. This coverage pays the other party’s medical bills, legal fees, etc. up to the limit you carry.
- Property Damage (PD): Minimum of $20,000 per accident. PD covers property damage caused to another person in an accident, up to the maximum limit you purchase.
- Uninsured/Underinsured Motorist Bodily Injury (UM/UIMBI): The minimum limits for UM and UIMBI are $25,000/$50,000. It can never be higher than the bodily injury liability limits you carry. This coverage is activated when the other at-fault driver did not have insurance, or their limits were not enough to compensate you for your loss.
- Uninsured/Underinsured Motorist Property Damage (UM/UIMPD): The minimum limit is $20,000 per accident. This is the property damage equivalent of your UM/UIMBI. Your UM/UIMPD will never be higher than the property damage limits you carry.
Special Coverage Requirements for FR-44 Policies
In some instances, some drivers will be required to carry higher limits than noted above. This includes anyone on an FR-44 policy, which is required for a minimum of three years after being convicted of a DUI. On an FR-44 policy, you are required to carry double the minimum limits and it must be filed to show proof of financial responsibility. BI and PD limits are 50/100/40 per accident, and your UM and UIM coverage will be the same limits as you purchase for BI and PD.
Optional Coverage in Virginia
There are several other types of coverage that are optional but may provide some financial assistance during an accident or loss. These include:
- Comprehensive and Collision: These have deductibles that must be paid before the coverage kicks in. These two coverages can apply to vehicle damage, whether it is from a crash or some other type of accident, or theft.
- Medical Payments (MedPay): MedPay will cover your medical expenses in an accident, regardless of who was at fault. If anyone in your vehicle is deceased, it will also apply towards funeral expenses. Limits vary by insurer, but common options are between $500 and $10,000.
Retaining a Virginia Personal Injury Attorney
If you have been involved in an accident that was not your fault, you need a Virginia personal injury attorney. Contact Cravens & Noll PC at 804-330-9220 to schedule a consultation.
January 30, 2019
Overview of Personal Injury Claims in Virginia
If you were injured in some type of incident where the other party was at fault, you have what is known as a personal injury claim. Personal injury claims can be triggered by events like:
- Car accident
- Pedestrian accident
- Premises liability
- Slip and fall
- Dog bite
- Wrongful death
- Medical malpractice
- Product liability
It’s important to retain a skilled Virginia personal injury attorney to protect your rights and have someone on your side who will fight for you to get the compensation you deserve. If the other party was at fault, you are entitled to recover for damages like medical expenses and repair costs to your vehicle. Here’s what else you need to know about personal injury claims in Virginia.
Statute of Limitations
You have two years from the date of the incident to bring a personal injury lawsuit against the person who caused the loss. This is known as the statute of limitations. If you do not protect the statute by filing a lawsuit in time, the other side has no legal obligation to continue negotiations.
Contributory Negligence in Virginia
Virginia is one of only a few states left that follows the archaic theory of contributory negligence. This means that if you contributed to the accident in any way, even 1%, you are barred from recovery. Other states follow a more liberal theory of negligence called comparative negligence. For example, if you are found to be 10% at fault for an accident in Virginia, you would recover nothing towards your medical bills and physical damages. If you were found to be 10% at fault in a comparative negligence state, you would be entitled to recover up to 90% of your damages. This is why retaining a skilled Virginia attorney is so important.
Types of Damages Recoverable
In a personal injury lawsuit, there are potentially several types of damages you are entitled to recover for based on individual circumstances of the accident. The first type of damages is called compensatory. These include economic damages like medical bills, repair or replacement of your vehicle, and rental car expenses; and non-economic damages like pain and suffering. In addition, there is something called punitive damages that may be available in select cases. Punitive damages are designed to “punish” the at-fault party, and their behavior has to have been so egregious that it demonstrated malice or a willful disregard for other people’s lives, safety, and rights. These are very rarely awarded, but they are available in extreme cases.
Wrongful Death Claims
Virginia law allows for wrongful death claims where certain beneficiaries are entitled to file a lawsuit for damage. These damages can include mental anguish, compensation for future loss of earnings from the decedent, funeral expenses, etc. The law is very specific on who can file a wrongful death lawsuit, and in what order. For example, the spouse is first in line. If there is no spouse, it moves to the next listed category of beneficiary who is eligible.
Retaining a Personal Injury Attorney
If you or a loved one was injured, or killed, in a personal injury matter, contact Cravens & Noll PC at 804-330-9220 to speak to one of our skilled attorneys. We have five offices conveniently located in Western and Central Virginia to assist you.
December 18, 2018
Factors to Consider in a High-Net-Worth Divorce
Getting a divorce can be a stressful experience for most couples. However, those couples who are considered high income earners and have a large asset portfolio may find the process even more stressful and complex. It’s important to retain a law firm that specializes in Virginia high-net-worth divorce cases.
Virginia is what’s known as an equitable distribution state. It is not a community property state where things are typically split 50/50. The courts have discretion to take different factors into account that could change their decision on how to divide marital assets. The idea of equitable distribution is that both partners walk away with a fair split of the assets.
Here are several things to know about high-net-worth divorces in Virginia.
Prenuptial and Post-Marital Agreements
It’s common to find prenuptial and post-marital agreements used in high-net-worth marriages. Depending on the terms of the agreement, some spouses may choose to challenge the enforceability and validity of the agreement based on a number of causes. It’s important you have your agreement prepared by a family law attorney and have your future spouse review it with their own independent counsel. This reduces the risk of having your agreement declared invalid during a divorce.
Spousal Support
The theory of equitable distribution extends to spousal support, or alimony. The court can require the higher-earning spouse to provide financial support to the other spouse depending on:
- How long your marriage lasted; and
- What their standard of living was like during the marriage.
Family Business
If you and your soon-to-be ex own a family business together, it is highly recommended to have an expert provide a valuation on what the business is worth. It’s important to note there may be a number of restrictions regarding withdrawals and transfers.
Property Division
Property division is often one of the topics that makes a high-net-worth divorce so complex. Couples may have multiple residences, vacation homes in other states or countries, yachts, and other assets that are located out of the country. If you have a lot of separate property, there are instances where commingling funds might make something you perceive as separate property be marital property now.
If your divorce is contested and your spouse wants you to wind up with “nothing,” there may be a chance he or she is hiding assets or liquidating them in hopes of preventing you from getting any proceeds. This may require retaining an expert, like a forensic accountant. Forensic accountants can do more than just provide a business valuation total, they can look for hidden assets and uncover attempts at liquidating known ones.
Retaining a Virginia Divorce Attorney
These are just some of the issues high-net-worth couples may encounter during a divorce. There are many other complex topics that can arise. If you are preparing for a complex or high-net-worth divorce, you need a Virginia divorce attorney who has access to the resources and experts needed to protect your assets and your rights. Contact Cravens & Noll PC at 804-330-9220 to schedule a consultation at one of our five conveniently located offices in Western and Central Virginia.
November 16, 2018
How Will Filling for Bankruptcy Impact My Future?
If you or your family is in serious financial trouble filing for bankruptcy may be a necessary step to reach a brighter financial future.
Your current situation may just be leading you no where financially. Making minimum payments on multiple debts probably means you will never catch up and pay them off. Filing for bankruptcy may enable you to get a fresh financial start, pay what you need to pay and move on. If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas Cravens & Noll may be able to help.
If you have a chronic medical condition that’s causing you pain and limiting your ability to function, as much as you may not like going to the doctor, it may be the only way to turn your health around.
It’s the same with finances. You’re in financial trouble but you may fear filing for bankruptcy will hurt you for the rest of your life. It’s just not true and it may be the step you need to get your financial health back on track.
You may fear filing for bankruptcy protection will prevent you from reestablishing your credit.
For many of our clients bankruptcy is the first, essential step to financial freedom. In the future you may have access to credit from reputable lenders you simply can’t get now. Re-building your credit may be easier if you file for bankruptcy than if you don’t.
A bankruptcy filing stays on your credit report for ten years and it may do some damage to your credit score initially but it will probably benefit you in the long run because,
- Defaults will stop. After your debts are discharged, they are no longer listed as delinquent or in default on your credit report.
- You may appear to be a better risk for creditors. Chapter 7 bankruptcy protection can only be sought every eight years. Since this option will be foreclosed for a time many creditors will see you as a better risk.
- Start your new, post-bankruptcy, financial life by building small. Creditors may see you as a good risk and will offer you credit cards and other types of credit with modest limits. By accepting a few of these credit lines and keeping your payments current, you can start with small, manageable steps to rebuild your credit. Your limits should increase and better rates should be offered over time.
- Keep these credit cards and lines of credit active and regularly paid. Use them once a month instead of using cash or check for less expensive items. Pay your $12 lunch bill with your credit card then make an electronic payment for the $12 when you get back home.
- Build an emergency reserve as best you can. This way if your income is interrupted or there’s an unexpected, high bill for medical care or home or auto repair, you’ll be able to handle it while being able to maintain your other payments.
- Stay away from predatory-lending scams and payday loans. Predatory lenders target bankruptcy filers and charge them exorbitant fees for borrowing money. Payday loans allow consumers postdate a check for the amount of the loan plus the fees for taking it. You could end up paying as much as 400% interest with a payday loan.
If you find yourself in a financial hole, you need to stop digging deeper and start thinking about whether bankruptcy might be right for you.
We want you to have the information you need to make sound decisions as you fight your way out of debilitating debt. If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas call us at 804-330-9220 or contact us online to schedule an initial consultation.
October 13, 2018
Can a Reconciliation Agreement be an Alternative to a Divorce?
Reconciliation agreements spell out what both parties in a troubled marriage need to do in order to get back on track, and includes what will happen if it does or doesn’t. If your relationship is having serious problems, do you want to save it? If so, this may be worth a try and it has the benefit of some certainty over what will happen if the relationship ends in a divorce or not. If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and think this approach might be right for you, we may be able to help.
A reconciliation agreement is a postnuptial agreement allowing couples to give themselves a chance put their marriage back on track while stating in advance the terms of a split if the reconciliation fails or succeeds.
One could include a promise to get substance abuse treatment, stop having extra-marital affairs, or a promise by one or both parties to work less and give more time to each other. If these goals aren’t met, the practical details of a divorce will already have been agreed to and formalized.
These agreements allow couples to have a fresh start
Written commitments shared with others may be more likely to stick, especially if grave consequences of failing are also spelled out. They can help couples feel more secure personally, emotionally and financially because there is a future path spelled out, even if it may split in two in the future.
Reconciliation agreements can prevent some of the unknowns of a divorce and may help avoid the emotion and cost that comes if a divorce happens in the end. The terms of a split written into an agreement hopefully would’ve been agreed to when a couple is more hopeful and constructive rather than at a bitter end of a relationship.
A reconciliation agreement could be created at any time after a marriage takes place
It may help a couple after serious problems have come up. It could be the result of marriage counseling or the help of a family law mediator. This agreement may also be an option if the couple no longer lives together but haven’t yet gotten a divorce.
This agreement can try to set down who will have what kind of child custody as well as who will pay how much child and spousal support. If the couple divorces it will ultimately be up to a judge to decide whether or not the agreement is enforceable as is or needs to be changed. Child support that deviates from state guidelines may not be approved and child custody arrangements will need to be in the child’s best interests.
A reconciliation agreement needs to meet several requirements to become legally binding in Virginia
It needs to be a written document explaining the terms of their agreement. The spouses must both sign under oath and their signatures need to be witnessed by a notary.
A judge can “affirm, ratify and incorporate by reference” the spouses’ agreement in the divorce decree, the court order ending the marriage. Once affirmed, ratified and incorporated, the divorce settlement becomes a part of the divorce decree and either spouse may ask for court enforcement of the terms.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you think your marriage might end in a divorce and want to discuss creating a reconciliation agreement, call Cravens & Noll P.C., at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights and your best options for moving forward.
September 26, 2018
How Can I Make My Separation as Painless as Possible?
The emotional pain and stress of a marital separation can vary depending on the situation. If your spouse is abusive the separation may be welcome but if you still love your spouse and feel there’s just something missing, something that needs to be worked out, that feeling of “we’re so close yet so far” it can be a tough time. If you think you need time away from your marriage and live in the Richmond, Chesterfield, Henrico and Harrisonburg areas, Cravens & Noll can help.
In Virginia to get a divorce, there needs to be grounds for it but they don’t have to be fault based grounds (like adultery, felony conviction, cruelty, desertion or abandonment). You can use no fault grounds if you don’t have any fault ground or you do, but would rather have a no fault divorce. To use grounds for a no fault divorce, you have to be separated for a year (or six months if you don’t have minor children and you have a signed agreement in place).
Separation can be a stepping stone to a divorce or a time out that’s needed to repair a damaged relationship. To make the most of this time, here are some suggestions,
- What do you want? Do you want a divorce eventually? Do you want time to see if you can turn the relationship around? You need to be honest with yourself and to your spouse about what you really want. Listen to each other without blaming or arguing.
- Give each other time. Separation can be painful. Your emotions may range from looking forward to a new start to bitterness, anger or hopelessness. Take time to process whatever feelings come up and work through them in your own way. If you think you’re making progress, take more time away than what’s needed to file for a divorce. There’s no hurry.
- Make agreements for everything including bank accounts, bills, living arrangement for your children and insurance issues. Discuss whether dating would be appropriate. If you’re heading towards a divorce, it may not be a big deal. If one of you thinks staying married may be in the cards, dating may be a deal breaker. Talk to an attorney before making a formal agreement.
- Be as kind as you can. Tensions can run high during a separation. You may be close to the edge and fall into old habits of fighting and sniping at each other. Try to let it go. Whether the marriage survives or not, more tension and aggravation won’t do either of you any good.
- Don’t try to change your spouse. If he or she hasn’t changed while you dated or during your marriage, don’t expect it during a separation. If you spouse can’t be on time for anything, lacks much interest in your kids or works too many hours, it will probably continue. Be accepting except if those habits include physical, emotional or sexual abuse. Draw boundaries.
- Be honest with your kids. Unless your kids are very young, they know what’s going on even if they can’t understand everything. Be as honest as you can with them, tell them they’re loved by you and your spouse. What you should skip is dragging your spouse through the mud or blaming him or her for the marriage’s problems. Your kids have enough to deal with, don’t make them pawns in a game to punish your spouse.
- Take care of yourself. Talk to your most trusted friends or family members. Tell them what would be helpful to you right now. See a therapist if you are having a hard time managing your feelings. Your life will probably be very busy and stressful as you move into separation, especially if you have kids. Take some time off to look after yourself each day, even if it’s only fifteen minutes to cool off, focus and think.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you think your marriage might end in a divorce and want to discuss how a separation would work, call us at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights and your best options for moving forward.
September 13, 2018
How Can I Control the Costs of a Divorce? Four Tips to Reduce Costs
The most important thing a couple can do to reduce the costs of a divorce is to eliminate, or at least narrow as much as possible, whatever areas of disagreement you may have with your spouse. The more disagreements there are and the less cooperation between parties, the costs in time, energy, emotion and money increase. There are many other things to consider when getting a divorce, but reducing the costs of a divorce is key. The attorneys at Cravens & Noll P.C., can work with you to try to limit as many costs as possible.
Reduce the areas of disagreement
Virtually any issue in a divorce such as splitting up assets, spousal support and child custody, if not resolved through an agreement could be litigated so a judge decides the outcome. The more litigation there is, the more costs there are and, depending on the circumstances, they could be substantial. An uncontested divorce, as opposed to one that’s hard fought, has a much lower cost.
That being said, being agreeable for the sake of making a divorce less expensive can have long term costs. You need to at least talk to an attorney before seriously engaging in any negotiations with your spouse. You may have rights you aren’t aware of and be entitled to certain things. You may just give all that up if you aren’t fully informed of the law. It’s much better to make an informed decision on a divorce agreement than quickly making one then later trying to pull it apart.
Resolve your differences with the help of a mediator
If the parties can’t make an agreement amongst themselves a mediator may be a wise investment. A mediator is a neutral third party who tries to help parties resolve disputes. They are often attorneys or retired judges. They charge by the hour and that expense is normally shared by the parties, so there is a cost to using a mediator. But if the parties are open-minded and willing to get help with coming to an agreement this can be far less expensive than litigation.
Retain the right attorney
An attorney is like any other professional. The more he or she has done something, the more knowledge he or she should have, the more effective and efficient the person should be. A “jack of all trades” attorney who takes a variety of cases may charge less but you may end up paying more for the attorney’s on the job divorce training. Things may take longer and the result may cost you far more in the long run than you saved in the short term, especially if a court decision needs to be appealed.
Cooperate with the attorney.
You may dread the divorce process and try to put it out of your mind but that won’t make it go away or speed up the process. If your attorney asks you for information or documents, respond in as timely a way as possible. Be proactive and cooperative. Don’t put things off until the last moment or skip scheduled meetings. The less the attorney needs to follow up with you, the less the attorney has to spend time getting what he or she needs, the lower the bill. Time is money. Don’t waste it.
If you live in the Richmond, Chesterfield, Henrico and Harrisonburg areas and you think your marriage will end in a divorce, call Cravens & Noll P.C., at 804-330-9220 or fill out our online contact form to schedule an initial consultation. We can discuss your situation, your legal rights, the potential costs of a divorce and your best options for moving forward.
September 12, 2018
How Does a Hurricane or Natural Disaster Impact Custody Orders?
With Hurricane Florence soon making landfall in the Carolinas and Southern Virginia, families are starting to head for higher ground. Flights are being cancelled. Work and school are being closed city by city in preparation for an all-out natural disaster.
One challenge parents will face is the enforcement of child custody orders during events like hurricanes and other natural disasters. When it is the noncustodial parent’s turn to have children, can the custodial parent violate a court-ordered exchange to keep the children safe? We explore this question in detail for unmarried parents planning to head in separate directions as torrential rains and winds hit the coast.
A Child’s Best Interest is Safety
Virginia courts will enforce custody orders not only so children benefit from both parents’ time, but to adhere to the law. In forming visitation agreements or split custody agreements, one element exists that carries through all things in family law – a child’s best interests.
With this in mind, let us look at how family court may view natural disasters like category 3 hurricanes.
A family law attorney will never advise clients to violate orders. Not only could that jeopardize an arrangement, it could perturb the judge enough to strip time from the violating parent and grant additional time to the parent who lost time.
With that said, judges will also use common sense. Not many families are outdoors when winds hit 80-100 mph; in fact, few drive anywhere except west to avoid being flooded into their homes. If the custodial father is to exchange two daughters at 5pm Saturday, but both parents have been separated by four-foot gullies of water over a mile wide, it is not unreasonable for the parent who has the children to deny the exchange.
A good-faith effort should be made to contact the other parent, however, and pictures of the flooded area should be taken. When the parent who did not receive the children takes the custodial parent to court, proof can be provided to the presiding judge (who clearly watches the news and knows a hurricane touched down), who will likely strike the violation down since the custodial parent was acting in the child’s best interest in protecting him or her from disaster.
Never Outright Tell a Parent No
Regardless if the hurricane hits Category 5 and you are forced to evacuate into the mountains, never outright tell a noncustodial parent that he or she can not have the children as scheduled. Be reasonable, letting the other parent see proof that imminent danger will prevent a safe exchange of the children.
If you have done your part to maintain the custody order and have communicated properly via text or phone, any reasonable human being will understand, including a family court judge.
Looking to retain Cravens & Noll for family law matters? Have questions about child custody attorneys or situations regarding natural disasters? Contact our firm to schedule a no-obligation consultation.