Posted on July 25, 2023 in Child Custody

Traveling to another country with the children can be a great experience. Yet, each year parents traveling alone with their children find their travel plans cut short because they don’t have the right paperwork.

As a divorcing Reston parent, it’s best to ensure you have the necessary documentation before you book a flight. Transportation Security Administration (TSA) officers have a remit to prevent child trafficking and kidnapping. So expect them to ask you for paperwork at the airport in addition to your passports and flight tickets.

You need to prove two things:

You have permission from the other parent

Just because you have custody of your child does not mean you have the right to take them out of the country. Doing so could affect the other parent’s custody rights so you need a letter from them saying it’s OK to travel with the child. If you are having trouble getting their permission, you might need to get permission from a court instead

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 Posted on July 12, 2023 in Wills

Setting aside time to draft a will is one of the most responsible steps you can ever take. Done right, a will allows you to articulate your wishes with respect to the distribution of your assets when you die. In the absence of one, the government will make this decision for you. And this, understandably, might not sit well with you.

While challenging a will is relatively difficult, it still happens. And when someone successfully disputes your will, the outcome might significantly derail your legacy. How can you know if someone might challenge your will?

If you’ve improperly executed your will

Per Virginia wills laws, you must satisfy the following requirements when creating a will:

• You must be 18 or older at the time of signing the document

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 Posted on July 10, 2023 in Child Custody

There are many kinds of clauses people can include in legal agreements that give them certain rights. Those putting together estate plans or leases sometimes include the right of first refusal in reference to an individual’s potential interest in real property, for example. Such clauses give a renter or a specific family member an opportunity to buy a property before the owner or their estate sells it to anyone else.

People can include a similar but slightly different clause in their parenting plans, although it won’t have anything to do with their home or other real property holdings. What purpose does the right of first refusal serve when it comes to shared custody?

It clarifies third-party childcare hierarchies

When a parent with shared custody has the right of first refusal, what they effectively have is the right to know if the other parent will leave the child with someone else for more than an hour or two and to clarify whether they’d like to take the child for that time rather than handing them to someone else.

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 Posted on July 05, 2023 in Divorce

Divorce can be a tricky subject to broach with your children. It could help to know what to talk about before you discuss the news of your divorce with your children. You may need to know exactly what will happen after the divorce, such as if you will share custody with your children’s other parent or if one of you will have sole custody.

You may also need to know if your children will have to change schools after the divorce or if they will need to move homes. These are things your children may initially worry about since they may not exactly understand what divorce means.

One thing to consider before talking about divorce is your children’s ages. Children process information differently at different ages. The following could help you as you talk about divorce:

Infancy

It’s often hard to tell how infants will react as the divorce proceeds. An infant won’t likely understand what divorce means. They may not remember any of the changes that happened as they get older.

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 Posted on June 14, 2023 in Wills

If you’re like most families in Ashburn, your summer is probably filled with vacations, day trips and cookouts. One of the last things on your mind is estate planning and your parent’s wishes.

However, a summer cookout might be the perfect time to ease into the discussion. 

A difficult but necessary conversation

Discussing estate planning with parents can be a difficult conversation, but it is an important one to have. Here are some tips for making the conversation go smoothly:

• Find a time when your parents are relaxed and not distracted by other things. 
• Approach the discussion with sensitivity and respect for your parents’ wishes. Avoid being pushy or confrontational, and try to understand their perspective.

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 Posted on June 12, 2023 in Divorce

Make no mistake, divorce is tough. If you and your spouse have resolved to call it quits, one of the decisions you are likely to arrive at is leaving the marital home while you wait for your divorce to be finalized.  But is this always a good idea?

The decision to leave your marital home can result in serious personal and legal implications, especially if you share children with your soon-to-be ex. For instance, leaving the marital home costs money. And if you share a child, leaving your child behind can impact the outcome of your Aldie child custody case. If you decide to share your home while your divorce is pending, you may want to carefully consider the “key” to navigating this tricky situation.

Set personal boundaries

If you are in the process of severing ties, it is in your best interest that you set some personal boundaries to better safeguard your personal interests and reduce the risk of conflict. These may include:

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 Posted on May 20, 2023 in Trusts

You’re a Reston grantor in the middle of creating a trust and are considering appointing a trustee. Because trustees have to deal with responsibilities like acting as a fiduciary, communicating with beneficiaries and trust administration, you feel those are too much for one person to handle.

Therefore, you’re wondering if appointing two or more trustees is a good idea. Let’s weigh the advantages and disadvantages of each.

Pros of co-trustees

There are a few benefits to having more than one trustee:

-Appointing two or more trustees provide a backup for unexpected events: Suppose one trustee is incapacitated or leaves the country. The other trustee can pick up where the previous one left off.

-Multiple trustees can combine their complementary skills to manage your trust: Many co-trustees possess different skills that help them handle a trust better when put together. For example, one person might be good with managing and increasing assets, and the other might do well with administrative tasks and organization. 

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 Posted on May 18, 2023 in Child Custody

Long-distance parenting may sound challenging, but remember, you’re not alone. Many parents have found themselves in similar situations and have made it work.

You’ll have to consider your child’s needs as you create a plan for the long-distance techniques you’ll use as you raise your child in a shared fashion across the miles.

Prioritize communication

Even if you can’t be there physically, you can still be present in your child’s life. Regular video calls, texts or even old-fashioned letters can help you stay connected. Encourage your child to share their day with you. Ask about their achievements and even their worries.

Create a schedule

Consistency is key in long-distance parenting. Have set days and times for your calls or video chats. This helps your child know when to expect to hear from you, providing them with stability and a sense of security.

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 Posted on May 06, 2023 in Family Law

A sleep divorce occurs when a married couple that has previously shared a bed and a bedroom decides that each spouse will sleep in separate rooms. Oftentimes, either opposing schedules or sleep disturbances are the underlying cause of a sleep divorce.

If, for example, one spouse’s third-shift schedule or very loud snoring prevents the other from getting adequate rest, nighttime separation may be the best way to resolve the matter without actually ending the couple’s relationship. Those who are preparing for a sleep divorce in the Brambleton area and throughout Virginia will often benefit from taking all three of the steps below.

Establishing rules with one’s spouse

A sleep divorce won’t be very helpful if one spouse still manages to disrupt the rest of the other. Therefore, having rules about household chores and entertainment, as well as hosting guests that reflect both spouses’ schedules may be necessary to optimize the effectiveness of a sleep divorce. Additionally, once spouses start staying in separate bedrooms, they may need to have certain rules in place for both personal privacy and transparency in their relationship.

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 Posted on April 28, 2023 in Wills

When an elderly person passes away, their estate is divided among their heirs. The will provides instructions on how they should do this. The heirs are given assets that were left to them in the will, from financial accounts to tangible assets – like a car, a business or a home.

But what if there are still some debts that also belong to that estate? Maybe the elderly person still had some credit card debt or a remaining phone bill. Perhaps they hadn’t yet paid their Herndon, Virginia property taxes for the year, or they hadn’t paid income taxes. The assets are going to get divided between their heirs, but will the debts?

The estate is responsible

Heirs should not worry about taking on debt that was left to them by their parents. It does not transfer to the next generation the same way that assets do. Unless adult children have co-signed on loans with their parents or something of this nature, those children are not responsible for outstanding debt.

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