Legally Establishing Paternity

Legally Establishing Paternity<br>NOVA Estate Lawyers - Leesburg, VA

Legally Establishing Paternity
NOVA Estate Lawyers – Leesburg, VA

A new baby always creates excitement within a family, with doting parents, grandparents, siblings and extended family members sharing the joy.

In most cases, parentage is well known and accepted. However, in others, the identity of the father might be in question. Under Virginia law, only one man can possess paternity of a child at one time, and as a child’s biological father may not necessarily be the child’s legal father, the question of paternity exists. Here are some methods to establishing paternity.

Father’s Name on Birth Certificate
When a child is born to a married couple, paternity is presumed under Virginia law, and normally a mother’s and father’s name is listed on the birth certificate. For unmarried couples, paternity may not always be clear. In order to place the father’s name on the birth certificate a Paternity Statement should be prepared. In Virginia, paternity can be established in the hospital by signing and notarizing a no-cost form called the Voluntary Acknowledgement of Paternity (AOP) prior to being discharged from the hospital.

Establishing paternity itself can be more of a challenge, and there are several acceptable methods that are simply defined here. For more details, please contact your family law attorney.

Genetic Testing

A scientifically-reliable genetic test, consisting of a blood test or genetic test, can establish or disprove paternity with at least a 98% accuracy rate. In the Commonwealth of Virginia, a Motion for Genetic Testing is generally filed with the Juvenile & Domestic Relations District Court and possibly the Circuit Court.

Written Statement
The mother and father can create a written statement, taken under oath, that acknowledges paternity. This process also confirms that both parties were provided with oral and written descriptions of the right and responsibilities of acknowledging paternity, and any consequences of signing the acknowledgement, and includes the potential right to rescind within 60 days.

Although paternity must be proven, other evidence that may be considered for establishing paternity includes:
Cohabitation: evidence of living together or sexual relations between the known parent and the alleged parent at the time conception should have occurred.
Conduct: common use of the father’s name, references acknowledging the father, or conduct conducive to assuming fatherhood.
Claims: claiming the child on legal documents such as tax returns or documents filed with the local, state or federal government, or their agencies.

Adoption
Proof of legal adoption to establish paternity outside of being a biological parent.

Petitioning for Paternity
A petition to establish paternity must be created and filed with the Juvenile and Domestic Relations Court, with the Circuit Courts having concurrent jurisdiction in matters pertaining to paternity.

Contact Your Family Law Attorney
Paternity can be complicated, especially if multiple potential fathers are involved, and knowing your rights, options, and responsibilities are important. If you have questions concerning paternity, ask your family lawyer, like Patricia Tichenor or Camellia Safi, the attorneys at The Law Office of Patricia E. Tichenor, P.L.L.C. in Leesburg, Virginia. We are the caring professionals families can turn to when they need answers, guidance, or defense. Contact us today.

Domestic Violence Should Not Be Kept Quiet

Domestic Violence Should Not Be Kept Quiet <br>NOVA Estate Lawyers - Leesburg

Domestic Violence Should Not Be Kept Quiet
NOVA Estate Lawyers – Leesburg

Although we all want our happy ending, domestic violence happens. It can begin with verbal abuse such as shouting or name calling, then escalate over time to pushing, hitting, and sometimes even death. Within the Cycle of Abuse, your abuser apologizes for his or her actions, begging your forgiveness and promising never to do it again. But then it happens again. And again. The same cycle.

Often the violence escalates. The abuser tells the victim it is all their fault, or that no one will believe them if they tell others. They create fear in their victim that discourages the victim from leaving.

This pattern, or cycle, of domestic violence is not indicative of a healthy relationship. Nor should it be accepted. Your safety, and the safety of your children, is at risk.

What is Domestic Violence?

Domestic violence is defined as a willful and systematic pattern of control of one intimate partner over another that can include physical, sexual, psychological, and emotional abuse. It also includes willful intimidation, physical or sexual assault and battery, and other abuse behavior.

Because it is such a difficult issue, domestic violence law was developed to punish those who cause physical or emotional harm to those with whom they share a close relationship. The most notable Federal legislation is the Violence Against Women Act (VAWA); however, most domestic violence offenses are prosecuted under state law. Although they vary from state to state, convictions for domestic violence require specific standards for the defendant’s conduct and relationship to the victim in reference to direct and indirect contact.

Domestic Violence Presents Shocking Statistics

As reported by the National Domestic Hotline:

  • On average, 24 people each minute are victims of physical violence, stalking or rape by an intimate partner.
  • Nearly 3 in 10 women and 1 in 10 men in the United States have experienced physical violence, stalking or rape by a partner
  • Approximately 80% of female victims were previously victimized by the same intimate partner.

And domestic violence doesn’t just happen to women. Fifteen percent of domestic violence victims are men reports the Huffington Post.

What is confusing to many is why victims stay with their abusers. There are many reasons. They may stay because they or their children have been threatened, or they may be fearful of what actions their abuser might take once they leave—whether to themselves, those who left, or other family members. Abusers can also employ psychological abuse where they call their victims names and put them down. This creates a cycle of self-doubt and worthlessness that leaves the victim unable to take action. Some victims are even convinced that they caused the abuse.

What to Do if You are a Victim of Domestic Abuse

  • If you are in immediate danger, call 911 and report your abuse to the police. They can issue a short-term Emergency Protective Order on the spot. Keep records of all police reports and incidents. This will be helpful in filing future actions if necessary. If you are injured, seek medical attention, and take photographs of your injuries. This will also aid in supporting your claims.
  • Engage the support of those who care about you, whether they are family members, neighbors, friends or professionals. Tell others about the abuse privately. You do not need to go through this alone.
  • Create a safe escape plan for yourself and your children in case you must leave your home quickly. Have a destination planned or contact your local domestic violence shelter for safe and anonymous harbor. Call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or Doorways’ 24-hour confidential domestic and sexual violence hotline at 703-237-0881 locally.

Contact Your Family Law Attorney
As family law attorneys in Northern Virginia, The Law Office of Patricia E. Tichenor P.L.L.C. can assist clients in filing a Temporary Restraining Order or Protective Order that will force the abuser to stay away. We can also aid in creating a case against the abuser and defending our clients in court for child custody and support issues, property settlements, and divorce proceedings. Call attorneys Patricia Tichenor or Camellia Safi today to get an experienced advocate on your side.

Post-Nuptial Agreements – Could a Contract Save Your Marriage?

Post-Nuptial Agreements-Could a Contract Save Your Marriage?

Post-Nuptial Agreements – Could a Contract Save Your Marriage?
NOVA Estate Lawyers – Leesburg

As strange as it may seem, a post-marital or post-nuptial contract might be the secret to a strong marriage. It could also heal the wounds that might otherwise result in divorce.

This can be especially true for people who are re-marrying and bringing with them separate assets, an inheritance from a deceased parents, or children from a prior marriage for whom they want to ensure protection of their inheritance. Having an agreement in place can save them the thousands of dollars it may cost them to secure in a contested divorce.

Post-nuptial or post-marital contracts can also be customized to meet the unique goals of each couple, whether dealing with chores or other household responsibilities and how these tasks might be divided between the couple, or addressing the use of therapy and relationship-building exercises in the face of a spouse’s infidelity.

What is a Post-Nuptial Agreement?
A post-nuptial agreement is a formal, written agreement created and executed after a couple marries or enters a civil union, with the intent to settle a couple’s assets and affairs in the event of a separation of divorce. It might cover matters such as property division, spousal support, death of a spouse, or the breakup of a marriage. In most states, child support and child custody are not included in a post-nuptial agreement.

There are generally three types of post-nuptial agreements:
1. One that assigns marital property upon death of one spouse;
2. One that creates a separation agreement in order to avoid time and cost of divorce proceedings; and
3. One that limits or sets forth rights in a future divorce, such as limiting alimony based on duration of the marriage, waiving alimony, or addressing marital property division.

Similar to a pre-nuptial agreement, there are certain legal requirements for the post-nuptial agreement to be valid (and these vary state-by-state):
• Written agreement
• Voluntarily executed without coercion or force
• Full and fair disclosure of assets, income, property, and debts
• Fair (not one-sided)
• Signed by both parties and notarized

When Should I Prepare a Post-Nuptial Agreement?
There are no guidelines for when to prepare your post-nuptial agreement. Some couples create one when tensions are high, others put one into place to protect assets and future assets. Before agreeing to any post-nuptial document, have an experienced family law attorney review it—especially if you are feeling uneasy about it. You can always negotiate the terms prior to signing, but not afterwards. Most agreements will withstand a challenge in the courts, leaving you stuck with something you might not want or should not have agreed to.

Contact Your Attorney

Patricia Tichenor and Camellia Safi at the Law Office of Patricia E. Tichenor in Northern Virginia are experienced family law attorneys who can help you navigate the process of drafting and reviewing post-nuptial/post-marital agreements. Please contact us today—before you sign.

Grandparent Visitation Rights

Grandparent Visitation Rights<br>NOVA Estate Lawyers - Leesburg

Grandparent Visitation Rights
NOVA Estate Lawyers – Leesburg

Until as recently as 40 years ago, the legal concept of grandparent visitation rights did not exist. This is because parents have a fundamental right under the U.S. Constitution to make decisions regarding the upbringing of their children.

There are a number of reasons why grandparents might be denied visitation by family members, including a rift or estrangement within the family, divorce, death, adoption, incarceration, abuse, substance abuse, or chronic problems. In some cases, there may be actual safety issues for the grandchild. Communication problems, or control or boundary issues, can also be the cause for disallowing communication. In other cases, grandparents have been left to raise the grandchild, sometimes for years, but later find themselves confronted by the return of a parent seeking to reclaim their rights to the child.

Whatever the reasons, these life events can cause grandchildren to experience a sudden break and extended separation from a grandparent with whom they may have a strong bond, causing long-term damage to the child.

Several States sought to address the concerns these life events raise through statutes, applying a best interests of the child test to establish statutory visitation rights for grandparents, but with two different approaches being taken:
1. Restrictive Visitation Statutes, under which grandparents can seek visitation rights if the parents are divorced or if one or both parents are deceased.
2. Permissive Visitation Statutes, under which grandparents can request visitation rights even if both parents are still married and still alive.

However, as these State statutes became more commonplace, their constitutionality came under attack, leading to a 2000 United States Supreme Court Ruling which found such statutes could, in fact, be unconstitutional and thus unenforceable. Specifically, the U.S. Supreme Court ruled in Troxel v. Granville, that a Washington State statute was unconstitutional as written because it allowed a judge to substitute and/or overturn a parent’s decision regarding denial of visitation with a grandchild where the parent was also found to be perfectly fit to make such a decision. The Supreme Court held that parents have a fundamental right under the constitution to make the decision as to visitation between a grandparent and a grandchild absent a finding of unfitness on the part of the parent.

Because of the legal complexities surrounding grandparent’s rights to visitation, it is often best to try to mediate these issues when possible between parents and grandparents with the help of an experienced attorney-mediator. Through this process, a neutral third party can assist in creating a legally-binding agreement for all parties. If however, a satisfactory agreement cannot be reached, an experienced family law attorney should be employed to assist grandparents with preparing the most persuasive court pleadings possible in order to address why their specific case warrants the granting of visitation rights with their grandchildren.

Contact Your Attorney
If you have questions about grandparent rights, or wish to petition for rights in your own case here in Northern Virginia, it is good to have an experienced attorney by your side to walk you through the process. At the Law Office of Patricia E. Tichenor, P.L.L.C., Attorneys Patricia Tichenor and Camellia Safi specialize in all aspects of family law. Please contact us today.

The Advantages of Domestic Partnerships

The Advantages of Domestic Partnerships

The Advantages of Domestic Partnerships
NOVA Estate Lawyers – Leesburg

Not everybody gets married, and not everybody wants to get married or can get married. That is why as Family Law attorneys, we are called upon to create legal documents to protect parties in different types of relationships, such as Domestic Partnership.

A Domestic Partnership, sometimes referred to as a Civil Union, is defined as a relationship between two people who live together and share a common domestic life, but are not married to each other or anyone else. It can include male-female couples as well as same-sex partners, and is especially prevalent in states that ban same-sex marriage because it enables a couple to create a bond and acquire some benefits. It is also easy to enter into and easy to end.

In some States, in order to have a legally-recognized Domestic Partnership, a couple must declare that their relationship is a serious one at a courthouse or designated government office. Documents must be filed and generally a fee is due for registration of a Domestic Partnership. In others, the mere preparation of a private Domestic Partnership Agreement or Non-Marital Partnership Agreement is enough, and no court filing is required unless a dispute arising that requires enforcement of that contractual agreement.

Benefits and Drawbacks of Domestic Partnerships

Domestic Partnerships can allow partners to enjoy some, but not all, of the benefits and rights similar to a married couple, as marriage, including the following (Note: Benefits may also vary by state or municipality).
• Family health insurance coverage with proof of commitment such as a shared bank account
• Rights to leave for sick partner or bereavement under the Family and Medical Leave Act
• Visitation rights (hospital or jail)
• Right to be considered next of kin for medical decisions (a well-written power of attorney is best)
• Protection of assets and ownership interests, including real estate holdings and bank accounts
• Adoption rights

Some of the drawbacks of a Domestic Partnership vs. marriage can include:
• Not recognized by other states, countries, the government, or many workplaces
• Health benefits provided for a partner are considered taxable income
• Transfers of assets, funds, or inheritances are considered taxable income
• Partners must file separate tax returns
• No entitlement to Social Security benefits or pensions
• No survivorship inheritance

Partners living together have few, if any, legal rights without a formal declaration, therefore it is important to formally lay out the terms of a domestic agreement to protect and respect ownership interests and assets. It is also extremely useful to have that attorney prepare an estate plan that grants certain rights by Power of Attorney or by Will that may not otherwise be recognized absent a marriage. Our experienced family law and estate planning attorneys can help.

Contact Your Family Law Attorney

To discuss setting up a Domestic Partnership, contact attorneys Patricia Tichenor and Camellia Safi at the Law Office of Patricia E. Tichenor, P.L.L.C. We specialize in Family and Estate law. Contact us today.

The Law Office of Patricia E. Tichenor, P.L.L.C.
Professional Legal Services or Legal Representation
(703) 669-6700

Contact

Social Media Auto Publish Powered By : XYZScripts.com