John Elledge & Assoc PC
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Harrisonburg Virginia Legal Blog

What is sole custody and how is it determined?

Children are undoubtedly at the mercy of legal decisions during divorce and custody disputes. What’s at stake is if a child will have equal, partial or no access to the other parent. Custody battles have a reputation for being a long and complicated process. It is often highly stressful for parents and children when legal decisions are in limbo.

Tensions arising from both sides of this sensitive debate are common as heated arguments are heard by the court. The obligation of the family court system is to decipher what is genuinely in the best interest of the child. Although shared custody is the most common outcome, sole custody may be a possibility depending on your situation.

Custody options for Virginia parents

The end of a marriage is a difficult time for the individuals who have chosen to legally part ways. But, regardless of their financial situation or their portfolio of property, if the individuals share children, they will undoubtedly experience some trepidation and sadness over the dissolution of their kids' family home. This post will briefly touch on some of the child custody options Virginia parents may learn about as they work to end their marriages in divorce.

The custody of a child includes two important areas of need: physical custody and legal custody. Most people are familiar with physical custody as it has to do with where a child will live during and after the finalization of a divorce. Legal custody has to do with how the parents will make important decisions about raising the child.

Fault may serve as the grounds for a Virginia divorce

The end of a marriage can be hard on a Harrisonburg couple and when the parties decide that it is time to file for divorce, they must meet certain requirements to move their case forward in the courts of Virginia. There are jurisdictional matters that must be satisfied and the filing party also must select a basis for their divorce. In Virginia, a party may file a no-fault divorce, if they have been separated from their spouse for at least a year. If not, they may use one of the state's recognized fault grounds to end their marriage.

A host of acts can form the basis of a fault-based divorce. For example, if one spouse commits adultery, then the other spouse may use that as the reason for ending their legal union. Additionally, a spouse's conviction of a felony charge and confinement in prison may also be a sufficient basis on which to end a marriage.

Representing those who are facing deportation

In the wake of all the talk about illegal immigration, it is important for residents of Harrisonburg, Virginia, to recognize that anyone who is not a United States citizen, even those staying here perfectly legally, can be deported under certain circumstances.

One of the most common grounds for deportation, for example, is when a non-citizen commits certain types of crimes.

University student facing serious drug charges

A graduate student at Harrisonburg's James Madison University was arrested on drug possession and drug distribution charges recently after police obtained a search warrant of the man's home. Although charges have already been filed, the local authorities' drug task force continues to investigate.

Drug testing has long-lasting effects for student athletes

Being a college athlete is everything that you dreamed it would be: Challenging, exciting and fun. There’s just one thing: Your college or university requires that its teams submit to random drug tests. As a result, you are constantly panicked about whether you might be kicked off your team—and kicked out of school.

Drug testing: The basics

What specifically is the risk to employment of a DUI?

Driving for Uber, Lyft or some other ride sharing service might not be something you aspire to. It might be something you are inspired to do as a way to earn some extra money. But just because the potential for doing such work exists doesn't mean you can just flip a switch and start.

Uber insists it is not an employer. It calls its drivers partners – contractors, if you will. Still, to get on the roster you have to pass a background check. If you have a record of three minor traffic violations in the last three years, you are unlikely to make the cut. If you have just one major violation, including for driving under the influence or reckless driving, in the past seven years, you will be out of luck.

4 Essential Things You Should Do Before Filing For Divorce

Did you know that one divorce happens every 36 seconds in America? That's approximately 2,400 divorces per day, 16,800 divorces per week, and 876,000 divorces each year. It's an uncomfortable truth about the frequency of divorce in the United States.

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