By Melannie Dino Now that you know that you and your partner are separating and moving towards getting divorced, you may want to move out of the state to be closer to family or to take a higher paying job or just simply to start fresh. You may ask yourself; can I legally move with my child? Parents have an inherent constitutional right to raise their children. Generally, you and your spouse are both free to travel with your children and to exercise time with your children. However, once a court order is in place establishing when each parent has custodial time with the children, that order will govern what you can and cannot do. For example, If the order provides for a parent to have alternate weekends with the child, the other parent would not be able to move somewhere that would prevent that time from taking place or move somewhere that will cause an undue burden on the child or the other parent to exercise that time. In determining whether to permit a relocation, the Court will look at what is best for your child. The burden is on the parent who wants to relocate to show that the move is in the child’s best interest and that the move will not significantly negatively impact the other parent’s relationship with the child. Stockdale v. Stockdale, 33 VA App. 179. The Court can consider a benefit to the moving parent only if the move also independently benefits the child. Cloutier v. Queen, 35 VA App 413. Taking a higher paying job out of state may not be enough to prove the move is in your child’s best interest. Courts generally tend to disfavor relocation of the child if it will negatively impact the relationship of the child with the...
By Susann Nordvik Virginia is one of several states that requires every vehicle pass a safety inspection before being put on the road.[1] This is particularly important in connection with used car sales, in that every year, many transactions of used vehicles take place where the vehicle is either not covered by a manufacturer’s warranty, or the vehicle is sold by an unaffiliated dealer that does not certify pre-owned vehicles. Provisions of the Virginia Code require that dealers provide certain disclosures and supply proof of a passing vehicle inspection.[2] In particular, Section 46.2-1529.1 of the Virginia Code requires that a dealer of used motor vehicles provide either: 1) A written disclosure of the terms of any warranty; or, 2) a clear and unmistakable disclosure that the vehicle is being sold “AS IS” with all faults. The statute requires specific language for an as is sale, which must be acknowledged by the buyer’s signature: “I understand that this vehicle is being sold ‘AS IS’ with all faults and is not covered by any dealer warranty. I understand that the dealer is not required to make any repairs after I buy this vehicle. I will have to pay for any repairs this vehicle will need.”[3] If a dealer fails to provide one of the two disclosures at the time of sale of a used car, the purchaser is entitled to recover a civil penalty, and cancel the sale within the first thirty days. This cancellation permits the buyer to return the vehicle and obtain a full refund of any payments made, however, the dealer may deduct the value of any damage to the vehicle and a limited amount per mile driven by the buyer for general wear and tear.[4] Moreover, prior to sale, a dealer is also required to obtain a passing...
By Susann Nordvik Entrepreneurship has long been a coveted aspect of the American Dream, and since the nation’s inception, business has developed many forms. Originally all business was in the form of sole proprietorships, out of which grew general partnerships, limited partnerships, and chartered corporations, each business form carrying its own benefits and drawbacks. During the latter half of the twentieth century, the limited liability company, or LLC, burst onto the scene, and over the last 40 years this novel structure has provided enormous benefits to small and large businesses alike. While providing the previously corporation-only protections of limited liability to members, LLCs also provide operations and taxation flexibility previously unknown in the business world. In fact, although each of the business forms offer benefits, the powerhouse entity that is the LLC combines the structural benefits of each form into a single, cohesive system of business governance. What Is an LLC? An LLC is defined as an unincorporated organization created under the Virginia Limited Liability Act.[1] It is an entity that combines corporation and partnership (or sole proprietor) features. Like their corporate counterparts, LLCs are legal entities, and carry “person” status under the law.[2] Therefore, the LLC is separate and distinct from its individual owners, known as members.[3] Like shareholders in a corporation, members receive certificates indicating their membership interest. However, as will be discussed below, the members of a member-managed LLC are a dynamic part of the organization, and not mere passive certificate-holders that look to a board of directors to set the business course. At the same time, the flexibility of an LLC provides opportunity to operate in a less complicated way, and the LLC can utilize less cumbersome tax procedures. How Can an LLC Benefit My Business? One of the most important functions of the LLC is...
By Susann Nordvik One of the sharpest arrows in the quiver of a consumer attorney, and therefore, her clients, is the Virginia Consumer Protection Act (the “VCPA”). However, aside from the protections afforded by the VCPA, there are lesser-known statutory provisions that either establish a private right of action under the VCPA, or indicate that a violation of such provisions is also a per se violation of the VCPA. Two such provisions are Virginia Code, § 54.1-1115(B), pertaining to construction contractors, and Virginia Code, § 46.2-1582(C), pertaining to the regulation of motor vehicle dealers. The first provision is clear in its application for the benefit of Virginia consumers. The language of the provision reflects its intent to protect consumers from the practices of fly-by-night contractors and those who represent themselves as being properly licensed but are not. Section 54.1-1115(B) establishes that any “person who undertakes work without . . . any valid Virginia contractor’s license . . . when a license . . . is required” has automatically committed a violation of the VCPA, provided, of course that the transaction is a consumer transaction.[1] This provision is echoed in the VCPA itself.[2] Thus, where a property owner seeks out the services of a contractor to remodel or upgrade their home for their personal benefit, the property owner can take comfort in the fact that the VCPA stands as a sentinel for them against unscrupulous individuals masquerading as qualified contractors, when they are actually unlicensed. This is actually an important distinction, because a consumer will have no recourse to the Virginia Contractor Transaction Recovery Fund, which does provide some protection to consumers who have suffered damages from improperly executed construction projects. However, the Recovery Fund will only cover errors and omissions by licensed contractors.[3] Therefore, the VCPA stands in the gap...
As the Information Age reaches the pinnacle of its estate, courts continue to struggle with questions of jurisdiction over disputes arising out of information and commentary posted online, usually on social media.
The Virginia Supreme Court has established certain categories of actionable statements as having a strong defamatory “sting”, so much so that the plaintiff would not have to show how exactly he or she was injured by the statement.
Many people in the metro-DC area have security clearances. When a legal issue arises, they are rightfully concerned about the impact on their security clearance and the corresponding impact on their careers.
Many people in the metro-DC area have security clearances. When a legal issue arises, they are rightfully concerned about the impact on their security clearance and the corresponding impact on their careers.
Many people in the metro-DC area have security clearances. When a legal issue arises, they are rightfully concerned about the impact on their security clearance and the corresponding impact on their careers.
Steven Krieger and guests (lawyers and non-lawyers) will periodically post about topics relevant to his firm and practice areas. Your comments and feedback are always welcome.
