What this country has lost is the ability to attract individuals with inherent leadership skills to run for public office. We don't need those that promise and can't deliver, or have run successful ventures; we need leadership! I believe that a national treasure that we are loosing is the WWII generation .... our parents and grandparents. Those individuals who answered the call when needed, tha...t made sacrifices and believed that a good job was not employment but a job done well, our leaders!

Where are the leaders that will inspire us as a nation to stand among the world's citizens as leaders and set the standards for right and wrong, and to be seen as a nation that will protect the less fortunate, while encouraging individual achievement and success. We, as a nation are better than what we have become.

Our downfall is not a result of a democratic or republican ... it is the outcome of what we the people have accepted through the years. We've lost our way. We fight over nonsense while children are abused and not properly educated and our citizens live in poverty.

This election is not about jobs, or resumes or color.... it is about leadership! Leadership that will take the diversity of this land, be it black, white, asian, gay, straight, handicapped, rich, poor, smart or lacking, and inspire in us the desire to work, to provide for our families, to enjoy our national treasures and to share as a common people, as Americans, not as republicans or democrats.

Our success as a nation will come from within 'we the people' .... not from a executive order or program! We the people are the answer .... if only we had a leader.

The phrase applies as much today as it did then, if not more so ....

"Ask not what your country can do for you, but ......."

Amending Child Custody - A Two Part Test!

     In Virginia a child custody order is never really final - meaning that you can always file to have it reconsidered.  However, the basis by which the court will allow the reconsideration is the occurrence of a material change of circumstances.  It is important to understand that the reconsideration of a previous child custody order is a two part process.

     The first part is the occurrence of a material change of circumstances.  The party filing for the change of custody will be required to prove to the court that there has been a material change.  The court will take into consideration both positive and negative circumstances of the parties involved and determine if there has been a material change of circumstances.  What circumstances (?) should be your next question!

     Based on the historical records of the courts, whether or not a material change has occurred may involve a multitude of factors.  For example, the preference of the child, a change in the requirements of employment, divorce, remarriage, physical and mental health, etc.  The list of what may be considered with respect to a material change is very broad and may include even the moral environment in which the child is being raised.

     If the court finds that there has been a change, then, and only then, will the court consider the second part - that is whether or not it is in the child's best interest to change the prior order.  What often confuses folks is that even though the court may find that a material change has occurred does not mean that custody will be changed.  It simply means that the court will consider changing the prior custody order.  The final decision of the court to change a prior custody order is based solely on the best interests of the child.

     The Virginia Code, as amended, section 20-124.3 details the statutory criteria to be considered in determining the Best Interests of The Child with respect to custody or visitation.

Guardian Ad Litem

     The Standards to Govern the Performance of Guardians Ad Litem for Children states, "The role and responsibility of the GAL is to represent, as an attorney, the child's best interests before the court.  The GAL is a full and active participant in the proceedings who independently investigates, assesses and advocates for the child's best interests."

     The GAL's involvement typically begins with their appointment by the court.  Depending on the circumstances of the matter before the court, the GAL may then schedule home visits, contact any Doctors, Teachers, Counselors or anyone else that can provide helpful information or insight into the matter.  Additionally, the GAL may recommend to the court that the child(ren) be medically or psychologically tested, or that certain services be made available to the child, the family, and/or household members.

     Depending on the specifics of the matter before the court, the GAL would typically make a written report to the presiding Judge.  The report would include the findings of the GAL and also may include the GAL's recommendation as to the disposition of the matter.

     Consider the GAL as the eyes and ears of the court - the GAL provides the court with an independent insight into the matter.  Because the subject matter before the court can be critical to the child's upbringing it is imperative that the court have before it all of the pertinent information before making a final determination.  If you are involved with a matter where a GAL was appointed, please understand the seriousness of the appointment and be proactive in assisting the GAL as requested.

 

     One of the most enjoyable aspects of my practice is serving as a GAL.  It provides a unique opportunity to work with a very diverse group of individuals in assisting them in being proactive in the matter at hand.  Whether it be Foster Care, child custody, CHINS or a delinquency matter, invariably the opportunity presents itself allowing personal interaction in helping someone better themselves.  I have former clients that now have their GED because they just needed that little bit of encouragement or a gentle push.  

     While the words of a parent or guardian may go unheard, the GAL may find themselves in a position to positively influence their client during the process.  Remember, the GAL is truly committed to helping your child so assist them promptly when requested.

Kirk Berkhimer (@Norfolk_Lawyer) has shared a Tweet with you: "Norfolk_Lawyer: Virginia Beach - Today demonstrated the true cost of freedom. Nice job to our first responders, local, state and federal." --http://twitter.com/Norfolk_Lawyer/status/188416191608537088

Stepparent Adoption

Adoption can take on various forms depending on the parties to the adoption.  For example, there are close family adoptions, over 18 adoptions, in-state and out-of-state adoptions, international adoptions and stepparent adoptions.  This blog will deal specifically with stepparent adoptions.

A stepparent adoption takes place when the spouse of a child’s birth parent seeks to legally adopt one or more children of their spouse.  While we speak of birth parents, the custodial parent may have previously adopted the child.  An important distinction is made here in that following the adoption you are the parent!  While often a stepparent adoption arises following the divorce of the birth parents, the birth parents need not of been married.  The death of a birth parent and the subsequent marriage of the surviving spouse could also bring about a stepparent adoption.

In Virginia, the non-biological parent petitions the local Circuit Court with the biological parent joining in, and with the non-custodial parent signing a Consent for Adoption.  The fact that the biological parent joins the Petition typically prompts the court to waive the requirement for a Home Study.  The act of the non-custodial biological parent signing the consent, severs that parents rights over the child, permanently.  An important consideration is that if child support is being paid by the non-custodial parent it will end the day the Adoption Order is signed.

If the consent of the non-custodial parent cannot be obtained then there are procedures that may be put into play to facilitate the adoption.  For example, if the birth parent’s whereabouts are unknown, or the parent is not involved in the child’s life and refuses to sign the consent, then alternative steps may be taken.

The benefits of adopting a stepchild are endless, and beyond measure, so it is something that should be seriously considered with the child(ren) and other family members.  Adopting can create bonds between a child and stepparent that may not otherwise be there; for example, stability.  One adoptive father says, “He was already mine. It was just a matter of paper work.”  The commitment a stepparent makes to the child by solidifying their family unit is the greatest benefit of a stepparent adoption.

I take great pride in helping families grow through adoption.  Personally, it is the most satisfying aspect of my profession.  Having suffered the loss of a stepson, I understand and wholeheartedly respect your commitment to your children and your family.

If you just have questions, or for information on initiating this process, contact the Law Office of Kirk D. Berkhimer, P.C. 

How Can I Repair My Credit Score After Bankruptcy? KDB Law Firm Credit and Bankruptcy Part Four

If you have filed for bankruptcy, your credit score will be affected.  So how can you be proactive and work to repair your credit? Here are some important steps to take to improve your credit:

1. Pay on Time (By Paying in Advance): Pay your current bills and loans reaffirmed in bankruptcy in advance. In Part One {LINK} and Two {LINK} of the KDB Law Firm series on credit and bankruptcy we discussed the easiest ways to both help, and conversely, harm, your FICO score: your payment history. As you now know, your payment history is 35% of your FICO score.

2.  Follow Up with the Three Major Credit Reporting Agencies: Send each reporting agency a copy of your discharge notice as well as the schedule of creditors listed in your bankruptcy (schedules D, E, F). This is an important element to being repairing your credit after bankruptcy, as creditors are no longer able to report the discharged debt as owing on your credit file.

3.  Monitor your Credit: Check with each credit agency quarterly to confirm that the creditors are abiding by the discharge order and your discharged debt is being accurately reported. If a creditor fails to accurately report the debt as discharged or is continuing to attempt to collect on the debt, they are committing “discharge violation”. If you notice such discharge violation, which is common in most cases, contact your attorney immediately.

4. Wait Before Seeking New Credit: Hold off as long as possible before seeking credit. You will find lenders who will make loans to you immediately after a bankruptcy, and they will seek you out. It is not uncommon to receive credit card offers in the mail even before you receive your discharge! However, you can expect to pay rates 5-10% higher than most people. That may not seem like a lot, but based on an average 30-year financial lifetime, the additional interest you could pay could end up as much as $200,000 or more.

5. Rebuild Credit with a Secured Credit Card: Many people looking to repair their credit start with a local credit union or bank and open a secured credit card. A secured card (meaning you back it with equal funds in a savings account) will help rebuild your credit history. After 6 months to a year of using a secured card you will find that you can get a more traditional credit card without having to put up the cash first. However, even then be very careful and read the fine print!

In summary: after you file for bankruptcy and receive your discharge, be sure to monitor your score diligently, pay your bills slightly in advance, wait until your score improves before seeking new lines of credit, and improve your score by using a secured credit card.

For more bankruptcy information, visit http://www.KDBLawFirm.net/.

Be safe and be well! ~Kirk Berkhimer, Norfolk Bankruptcy Attorney

Are you enjoying Twitter as much as I am? Find me at @Norfolk_Lawyer.

Divorce: Is it support or property?

In 2005 Title 11 of the U.S. Code was modified.  The changes were far reaching and significant.  One of those changes prohibited the discharge, in a Chapter 7 Petition, of debts and obligations owed to former spouses and/or children as a result of divorce.

However, by choosing to file under Chapter 13 those debts or obligations not considered "Domestic Support Obligations" are dischargeable.

Give us a call: 757-410-9263,

Visit us at http://www.KDBLawFirm.net, or

Follow us on Twitter!