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Law Offices of
WILLIAM B. REICHHARDT & ASSOCIATES
Frequently
Asked Questions
FAMILY
LAW:
Are there legal presumptions between parents for child custody in
Virginia?
No, Virginia law has no legal presumptions in favor of either parent.
Child custody cases are determined on the basis of the best interests of
children.
Must child support be paid by payroll withholding?
In Virginia, Court ordered child support payments must be made by
payroll withholding orders directed to the employer unless otherwise
waived in writing by the parties.
Is marital property in a divorce case always divided
50/50 by law in Virginia?
Virginia is not a community property state and marital property is not
required to be evenly divided.
Virginia has an equitable distribution law which means that the
Court will apply a number of equitable factors to divide marital property
if the parties have not reached agreement.
How are pensions divided in a divorce case?
In a contested case, a Virginia court applies an equitable distribution
statute and may award a spouse up to 50% of the marital share of the other
spouse’s pension.
SCHOOL LAW:
What services are available if I believe that my child
may have a learning disability?
If a child has a disability which affects learning, he or
she may be eligible for special education services or other
accommodations. Parents should ask school officials to conduct evaluations
for services. Private evaluations are also considered.
Can a child be suspended from school, or otherwise
disciplined for misconduct off school grounds?
Yes, in Virginia, students can be subject to discipline
for off campus behavior if there is a nexus between the behavior and the
administration of the school.
Are there any due process rights for students who are
recommended for expulsion?
Yes, only the school board can expel a student from the
school division. Prior to such action the student is entitled to notice
and a due process hearing. A student may also have representation by an
attorney.
Are there special considerations for special education students who are subject to school recommendations for long term suspension or expulsion?
Yes. There are a number of mandatory procedures that apply in these cases. The school is required to conduct a manifestation determination review (MDR) which examines the extent to which the child’s disability has caused or contributed to the behavior for which he/she is being disciplined. The school is also able to address a change of school placement through the IEP team.
What can I do as a parent to prepare for a school disciplinary hearing when my child is recommended for long term suspension or expulsion? Does my child need a lawyer or advocate?
School disciplinary hearings for long term suspension or expulsion before school administrative officers and/or school board panels should be considered as very serious. Parents should ask for and obtain copies of all incident reports, written witness statements and any other documents that will be made available to decision makers before the hearing. Not all cases require the help of an advocate or lawyer, however parents and students may well benefit from a consultation with experienced counsel to review rights and strategies particularly in cases involving children with special education eligibility or when criminal charges have been filed or are threatened.
What can I do if I disagree with the school's suggested
IEP (Individual Education Program) for my child who receives special
education services?
Disagreements over eligibility for services, the IEP or
placements can be resolved through several options including mediation,
administrative review or a due process hearing before a neutral hearing
officer. Parents are entitled to be represented by an advocate.
JUVENILE COURT:
Are juvenile court records open to public access?
Juvenile court records are generally protected by specific
confidentiality provisions of the law. However, the record of conviction
of a felony for a child over 14 years of age is not confidential.
Can juveniles be interviewed by police about possible
criminal activity without the presence or consent of parents?
Yes, police officers are not required to have parental
consent before interviewing a child in a criminal investigation, although
the consent or presence of the parent may be a factor in evaluating the
ability to use the statements of children in court.
Does a child need a lawyer in juvenile court?
Children are entitled to be represented by counsel in all
juvenile court proceedings. The choice to retain counsel is an individual
decision. In recent years there have been significant changes to the laws
affecting juvenile cases in Virginia. Conviction of certain charges may
require suspension of a driver's license. Other consequences of conviction
may include notification to a school division or public conviction record.
It is advisable to consult an attorney regarding the specific possible
consequences for a specific case.
Copyright © 2008 William B. Reichhardt &
Associates. All rights reserved.
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