Articles Posted in Family Law

Modification of Custody Based on Child’s Custody Preference
Kublan Khan PLC Team

According to a recent Fairfax County Circuit Court’s decision in Livingston Jr. v. Stark (VLW 023-8-093), which appears to be a matter of first impression, a request to modify custody arrangement based solely on a child’s preference does not rise to a level of a material change in circumstances, provided nothing else has changed from the…

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What a Parent Needs to Show During a Custody Hearing
Kublan Khan PLC

Posted by Juan D. Bustamante As with most legal matters relating to children in Virginia, the central question for the court will always be what is “in the best interest of the child?” When preparing for a custody hearing, even the most well-intentioned petitioners may face some pushback from Virginia courts when faced against factors…

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I Don’t Have Money to Litigate My Divorce! Can I Still Proceed With My Case?
Kublan Khan PLC

More often than not, divorcing spouses do not stand on equal financial footing, especially when one of them has been the principal income-earner of the family, while the other had focused mostly on raising the children, managing the household, and allowing the earning spouse the opportunity to do just that – earn.  Time and time again, clients…

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Pre-Marital Agreements: a Simple Tool With Some Important Requirements
Kublan Khan PLC

Posted by J. Garrett Kizer A Pre-Marital agreement (also called a “prenuptial agreement” or “prenup”) is a useful tool to protect your assets when you’re planning on getting married. A prenup can include many features. Most prenups will define certain pieces of property that the couple owned before they were married as “separate property.” In…

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When Am I Justified in Leaving My Abusive Spouse and Our Home?
Kublan Khan PLC

In my practice of domestic relations law, I have frequently encountered this question: “Will I be guilty of desertion if I leave my abusive spouse?”.  Both male and female clients have asked this question. The answer, as with almost everything in the law, is “it depends.”  First, in Virginia, the grounds for divorce are provided in the statute.…

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Help: I Have a Custody Trial, But I’m Worried About Ice!
Kublan Khan PLC

Posted by J. Garrett Kizer If you’re worried about being arrested by Immigration and Customs Enforcement (ICE) because you’re living in the United States without immigration documents or if you overstayed a Visa, it’s reasonable to be careful—many people in this situation spend a lot of time looking over their shoulder. If you have a…

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