Frequently Asked Questions As a child custody attorney I am frequently asked certain questions by parents beginning a custody dispute. In this blog I want to answer just a few of the most common questions. The other parent and I do not have a custody order or agreement, can I take my child out of state? While there is no …
Are reimbursements for child medical care required?
Many clients ask whether a parent is required to pay another parent for unreimbursed medical care costs. In this blog, I examine the code sections that apply to such determinations, and examples of when such payments may not be required. Virginia Code 20-108.1, grants courts the authority to order cash medical support for dependent children, if reasonable. Cash medical support …
What happens to a pet in a divorce?
For many of us, there is no more fulfilling relationship in our day-to-day lives than with our pet. Our pets offer consolation in times of crisis, celebrate with us in times of joy, and offer us love unconditionally. It’s no wonder, then, that for many of us our greatest concern in a divorce is who will get custody of the …
What is a Parenting Capacity Evaluation?
In this blog I review ‘What is a Parenting Capacity Evaluation?’ This includes background on the specifics of a parenting capacity evaluation, the evaluation process and the role a lawyer should play in a parenting capacity evaluation. If you are curious as to what a parenting capacity evaluation maybe, or have been ordered by a court to complete one, I …
DUI Charge Against Client Amended to Reckless Driving
A client of Waltrip & Campbell, PC, represented by Stephen E. Campbell, Esq., had his Driving Under the Influence charge amended by the Commonwealth’s Attorney as part of a plea agreement in December 2018. Client was stopped for a traffic infraction and an investigation ensued into whether the driver was intoxicated. After completing field sobriety tests and taking a preliminary …
DUI Charge Against Client Dropped by Prosecutor
A client of Waltrip & Campbell, PC, represented by Stephen E. Campbell, Esq., had his DUI charged dropped by the Commonwealth’s Attorney due to the charge being brought in the improper venue. Client was involved in a motor vehicle accident and subsequently arrested for Driving Under the Influence of Alcohol. The alleged offense took place approximately 960 feet outside of …
Client Found Not Guilty of DUI After Motion to Suppress Arrest Granted
A client of Waltrip & Campbell, PC, represented by Stephen E. Campbell, Esq., was found Not Guilty of Driving Under the Influence of Alcohol in the Williamsburg-James City County General District Court. Mr. Campbell’s Client’s vehicle was pulled over in Colonial Williamsburg after failing to stop at a stop sign. After the police administered a battery of field sobriety tests, …
Client Found Not Guilty of Driving Under the Influence of Drugs
A client of Waltrip & Campbell, PC, represented by Stephen E. Campbell, Esq., was found not guilty of Driving Under the Influence of Drugs in the Williamsburg-James City County General District Court after trial in the Fall of 2018. The Court found there was insufficient evidence the client was voluntarily intoxicated/under the influence of self-administered narcotic while operating a motor …
Client’s DUI Charge Dismissed After Motion to Suppress Vehicle Stop Sustained
A client of Waltrip & Campbell, PC, represented by Stephen E. Campbell, Esq., had his Driving Under the Influence of Alcohol charge dismissed by the judge in the Williamsburg-James City County General District Court in November, 2017 after the judge granted Mr. Campbell’s Motion to Suppress the stop of Client’s vehicle as unconstitutional. The defendant was pulled over on Richmond …
When is a child with mental illness competent to stand trial?
Below is an article written by Brandon C. Waltrip, Esq. and published in The Virginia Champion, Spring 2018 Issue. The article was titled “Considerations Regarding Juvenile Competency to Stand Trial” and deals with considerations regarding the procedures and law of juvenile competency. If you have a child, charged with a crime, who has serious mental illness’, we hope you will …
The Child Witness: Competency to Testify
The following article examines the child witness in a criminal case and the law surrounding the competency for that child witness to testify. The article was authored by attorney Brandon C. Waltrip, and published in The Virginia Champion, Winter 2018 edition. There are specifics regarding a child witness’s competency to testify and what a court must consider in …