Because child custody, visitation, and support disputes can be difficult for parents and children, some parents desire to terminate the other parent’s rights to alleviate these burdens. Sometimes, a parent may seek to terminate their own rights to avoid paying child support. But is this possible in Virginia? Termination of parental rights is available under the limited options of step-parent adoption or involuntary termination, which cannot be requested by a parent but must be initiated by the Department of Social Services.  Voluntary Termination of Parental Rights  Although parental ..read more

Determining child custody is often one of the most contentious issues for divorcing couples. Many parents wonder whether, at a certain point, their child will reach a legal age when they can decide which parent they want to live with. However, there is no statutory age that permits a child to make this choice. As long as a child is under 18, Virginia courts always have the final say when it comes to which parent will have custody.  Is the Child’s Preference a Factor in Custody Decisions? According to the Code of Virginia § 20-124.3.8, courts can consider the child’s preference for wh ..read more

If you’ve been charged with driving under the influence (DUI), you face penalties that can upend your life and have lasting consequences. A Virginia DUI defense lawyer can help you fight for the most favorable outcome possible in your case, first by helping you understand what’s at stake. How Virginia Defines DUI In Virginia, a driver can be charged with DUI if they operate a motor vehicle while having a blood alcohol concentration (BAC) of 0.08 percent or more. They can also be charged with DUI if alcohol use has impaired their ability to drive, even if their BAC is within the legal ..read more

Child custody is one of the most important and emotional issues to consider if you’re divorcing or separating from your child’s other parent. The arrangements you make now will affect you and your child for years to come, so understanding how courts handle these matters is essential. A seasoned family law attorney can bring clarity to the legal process, help you understand your options, and aim for a resolution that protects your child’s future. Child Custody Arrangements in Virginia Understanding the different types of child custody arrangements in Virginia is essential for parents working th ..read more

Facing a DUI charge in Virginia can be daunting, but there are several strategies a skilled lawyer can employ to challenge the charge and potentially have your case dismissed. Possible Defenses for a Virginia DUI Case A knowledgeable DUI defense lawyer can argue for the dismissal of your case based on one or more of the following grounds: The Police Violated Your Fourth Amendment Rights In the United States, the Fourth Amendment grants citizens protection against unreasonable searches and seizures. This means the police must follow strict guidelines when stopping a car, performing a search, an ..read more

A protective order, also called a restraining order, is a court order that blocks someone from doing something that could lead to assault or harassment. These orders are often granted to victims of violence or those who receive credible threats thereof, and they can provide valuable space and time to secure your safety. How to Get a Protective Order You must file a petition in court to receive a protective order, and the court where you file the petition will depend on the grounds for requesting the protective order. If you are alleging domestic violence or have been threatened with violence b ..read more

After receiving a DUI (Driving Under the Influence), one concern you might have is the potential ramifications on your employment. If you’re a Virginia resident, you might be wondering, “Can I get fired for a DUI?” The experienced Virginia attorneys at Buczek Carpenter, PC, are focusing on criminal defense and family law, and we are here to guide you through the ramifications of a DUI on your employment.  Virginia Employment and DUIs Virginia is an “at-will” employment state. This means that, in general, either the employer or the employee can end the employment relati ..read more

Facing charges for Driving Under the Influence (DUI) in Virginia can be a stressful experience. In this unfortunate circumstance, it is crucial to understand the legal implications and the importance of seeking appropriate legal representation. In this blog, we will talk about DUI laws in Virginia and discuss why it is essential to consider hiring an attorney if you are facing DUI charges. We aim to provide you with the necessary information to make an informed decision about the best course of action to protect your rights and navigate the legal system effectively. Understand Virginia DU ..read more

In Virginia, there are two types of divorce: Fault and no-fault. The primary difference between the two is whether or not one party in the marriage is deemed responsible for the breakdown of the marriage. No-Fault Divorce in Virginia In a no-fault divorce, neither party is held responsible for the split. If you and your spouse have children, you must live apart from your spouse for a minimum of 12 months before you can begin the no-fault divorce process. If you do not have children, you must live apart for 6 months to qualify. Fault Divorce in Virginia You are not required to live separately f ..read more

As of July 2021, Virginian adults ages 21 years and older can legally possess up to one ounce of marijuana on their person. With that being said, hitting a joint, eating an edible, or consuming cannabis in any form prior to getting behind the wheel of a car remains illegal — and could have criminal consequences. Survey Indicates That Virginians Do Not Think Driving While High Is As Dangerous As Texting In a recent survey by the Virginia Cannabis Control Authority (CCA),  14% of Virginians surveyed disclosed that they have driven high a few times or more in the past year. Other startling s ..read more