Charlottesville Divorce Lawyer Rob Hagy

Armed Forces Members Fail in Constitutional Attack on the Uniformed Services Former Spouses' Protection Act

In a case involving current and retired members of the armed forces challenging law allowing their retirement pay to be divided in state divorce proceedings, dismissal of individual plaintiffs' claims, and summary judgment in favor of defendant on association's claims, were affirmed by the U.S. 4th Circuit Court of Appeals in the case of Adkins v. Rumsfield, as, although the district court erred in finding it lacked subject matter jurisdiction over the individual plaintiffs' claims, plaintiffs failed to state cognizable claims against the constitutionality of the Uniformed Services Former Spouses' Protection Act under substantive and procedural due process, the armed forces clause, the full faith and credit clause, and equal protection.

Custody and Visitation Issues With Your Teenage Children

I encounter this issue frequently in my practice.  A custodial parent will come in and say that the custody and visitation order drafted when a child was seven or eight no longer is feasible since the child is now fourteen or fifteen years old and is involved in multiple school and extracurricular activities.  The non-custodial parent is not amenable to a change in the order because it affects the amount of time they get to spend with the child.  I recently came across this article in my professional studies which offers some insight into this dilemma and how it should be resolved.  This is an excerpt from a book called Creating Effective Parenting Plans: A Developmental Approach for Lawyers and Divorce Professionals by John Hartson, Ph.D., and Brenda Payne, Ph.D.

Developing a Parenting Plan with Teens

A parenting plan that works well for an early adolescent may not work as well for a mid- to late adolescent. This is not due solely to changes in thinking and reasoning ability. By 15 or 16, many adolescents have a part-time job, significant involvement in extracurricular activities, a boyfriend or girlfriend, and a driver license. These factors can alter parenting time schedules.

1. Twelve- and thirteen-year-olds are beginning junior high or continuing middle school careers. This usually means many transitions and adjustment to the growing demands of new (or more) teachers in a larger institutional setting. If the parenting arrangement used during the elementary school years continues to work well, then attorneys might suggest continuing with that arrangement. Adding more transitions or changes during this time may not be in the adolescent’s interest.
2. During adolescence, some teens prefer to spend greater amounts of time in one home. This typically is not due to a preference for one parent over the other but rather to accessibility to friends, activities, and the convenience of having all of his or her things in one spot. However, there may be less concern with physical distance from friends today since more teens have access to mobile phones and the Internet to communicate.
3. Some adolescents may want to try more of a fifty-fifty time-share arrangement. This could correlate with their desire to be fair and equal. If an adolescent expresses these sentiments, it is important to discuss the reasons behind the wish, and it is an option that should be explored if this type of arrangement is possible. Trying a new time-share arrangement for a period of time (perhaps two to three months) and then asking the child and parents to review the benefits and problems of the new arrangement could be a way for attorneys to provide their clients with some needed flexibility without necessarily changing the custody decree legally..
4. As teens enter high school, more variables come into play. At this point, attorneys might suggest that both parents sit down with the adolescent and discuss the parenting-time schedule. Attorneys might recommend that their clients try using the Robin’s problem-solving method, which is outlined in Appendix Seven. Developing a plan using this method provides a procedure for parents and teens to follow when working out a parenting-time schedule and when making changes to the schedule.
5. Parents must remember that their relationship with a teenage son or daughter will remain strong even if less time is spent together than during the earlier years. It is developmentally appropriate for teens to spend more time on their own activities than with their parents. Attorneys might remind their clients that the parenting-time schedule is for the benefit of the child, not the parent. Parents who demand their child spend time with them or are not flexible and understanding when teens ask for modifications are setting the relationship up for increased anger, resentment, and defiance.

Another Teen Involved in Local Bomb Plot Pleads Guilty

The Daily Progress reported earlier this week that the final teen charged in the bomb plot pled guilty.  Read about the plea here.  This article contains a very informative time line concerning this disturbing case.