Charlottesville Divorce Lawyer Rob Hagy

Father Agrees to Son's Request to Terminate His Parental Rights

MSN.com has posted an AP report that a Massachusetts man who murdered his wife six years ago and left their 8-year-old son to find her body has agreed to give up his parental rights before a closed hearing Monday in Norfolk County Probate and Family Court to determine whether his parental rights should be terminated at his son’s request. The father, Daniel Holland, agreed to waive any right to be part of his son, Patrick Holland's life. The boy's father is currently serving life in prison without parole. The suit to terminate the father's parental rights came about after the father attempted to access his son's school and counseling records. The son is currently in the custody of close family friends who gained that custody as a result of a settlement with the father's grandparents who also attempted to secure custody. This clears the way for the guardians to adopt the boy.

-Rob Hagy, Virginia Family and Divorce Lawyer

Federal Marriage Amendment Rejected

The U.S. Senate Wednesday, July 14th, rejected in a procedural vote a bid to change the Constitution to include a Federal Marriage Amendment, defining marriage as a union between a man and a woman. While the matter may be dead in the Senate, for now, the House is poised to take up the issue in approximately two weeks as it examines measures designed to make sure federal courts don’t order states to recognize same-sex unions sanctioned outside their borders.

For an interesting article on why, the Federal Marriage Amendment is completely unnecessary because of the federal Defense of Marriage Act, read this article by former House of Representatives Member Bob Barr.

-Rob Hagy

Virginia's Affirmation of Marriage Act Could Have Widespread Impact

As reported by the ABA, Virginia’s Affirmation of Marriage Act, which became effective on July 1, reinforces the state’s seven-year-old ban on same-sex marriage. But the measure also voids any "civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage."

Critics are alarmed by the potential ramifications of that language. They say it is so vague as to make the actual reach of the legislation uncertain. It is possible, they suggest, that the law could be interpreted to nullify a variety of contracts used by same-sex couples to create rights and benefits that otherwise would be denied to them because they aren’t married. Such agreements may include parenting and custody arrangements and advance medical directives.

Some worry that the law could undermine contracts between unmarried people of the same sex that govern both personal and business arrangements, such as real estate holdings, prenuptial agreements and business partnerships.

-Rob Hagy

Private School Tuition Provision in Separation Agreement Upheld

Where mother and father agreed several years before their separation and divorce that their child would attend private school, the parties' separation agreement requiring husband to continue the private school sutiation payments was upheld by the Virginia Court of Appeals in the unpublished opinion of Owata v. Owata.

ADHD Disabled Student Subject to Discipline for Computer Threat

In the federal district court case of AW v. Fairfax County School Board, an ADHD afflicted student who was a gifted and talented student was subject to discipline for placing a threatening message in another student's computer file without any violation of the student's rights under the Individuals with Disabilities Education Act ("IDEA"). The disciplinary action, a mid-year transfer, did not violate the "stay put" provisions of the IDEA.

No Requirement That Guardian Ad Litem Receive Notice of Appeal in Appeal of Visitation Case

In the published opinion of Yopp v. Hodges, the Virginia Court of Appeals ruled that a mother could maintain her appeal even though she failed to deliver a copy of her notice of appeal to the child's guardian ad litem because the guardian ad litem is not an "opposing party" and "indispensable" party to the appeal.

Parents Can't Intervene in Adult Daughter's Right to Die Case

"An appeals court said Wednesday the parents of a woman at the center of a bitter right-to-die case may not intervene in the legal battle over a state law keeping her alive. "Terri's Law," passed in October, allowed Gov. Jeb Bush to order the reinsertion of a feeding tube keeping Terri Schiavo alive. She has been in a persistent vegetative state for 14 years after collapsing from a chemical imbalance.

The 2nd District Court of Appeal upheld Circuit Judge W. Douglas Baird's ruling denying an attempt by Bob and Mary Schindler to join the fight over the law's constitutionality.

The appeals court didn't issue an opinion with the ruling.

Terri Schiavo's husband, Michael Schiavo, is suing the governor to have the law overturned. Bush is defending the law and the Schindlers wanted to join him as a party to the lawsuit.

The state Supreme Court will hear oral arguments August 31."

As reported on CNN.com.

by Rob Hagy

2004 Virginia Family Law Legislative Update

The Virginia General Assembly has passed a number of new laws which impact Virginia Family Law. The statutes discussed below went into effect July 1, 2004. I have highlighted what are probably the most significant new changes in the law.

Child Custody and Visitation

The legislature amended Subsection 9 of Virginia Code Section 20-124.3 to permit a court hearing custody and visitaton matters to permit a parent to ignore the obligations imposed on parents by Subsection 6 of 20-124.3 to encourage contact between children and the other parent. Under the amended Subsection 9, a parent does not have to encourage contact with the other parent where the other parent has committed "family abuse". You can find a complete version of the new statute here.

Child Support

Virginia's child support statute, Virginia Code Section 20-108.2, underwent several major changes.

Pursuant to 20-108.2, "gross income" is defined as all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards. After July 1, the definition of "gross income" shall not include income received by a parent obligated to pay support from a second job taken, additional self employment engaged in, or from overtime worked taken order to pay off child support arrearages.

-By Rob Hagy