Archive for July, 2017

Pavan & Virginia’s Assisted Conception Laws

Monday, July 31st, 2017
What does Pavan v. Smith mean for Virginia’s LGBTQ couples interested in utilizing a surrogate mother to start a family?
In Pavan, the United States Supreme Court reversed a decision out of Arkansas that refused to name a birth mother’s wife as a parent on a birth certificate.  Arkansas law permits the naming of a birth mother’s husband as a parent on a birth certificate in cases of artificial insemination.  The Pavan decision opens with “As this Court explained in Obergefell v. Hodges, 576 U. S. ___ (2015), the Constitution entitles same-sex couples to civil marriage ‘on the same terms and conditions as opposite-sex couples.’ Id., at ___ (slip op., at 23).” The Supreme Court went on to declare that a birth mother’s same-sex spouse may be named as a parent on a birth certificate when state law permits an opposite-sex spouse to be named in cases of artificial insemination.  Read the full decision here.
Virginia’s Assisted Conception laws allow a woman and her husband to enter into a contract with a surrogate mother, and, if she is married, her husband.  The Attorney General has stated that the written law should apply equally to same-sex couples, however, the General Assembly has never revised the law.  This lack of revision has left many LGBTQ couples unsure if they will be able to enforce their parental rights under the law even if they are named on the birth certificate.  Pavan reiterates that same-sex couples are entitled to all the same rights and responsibilities under the law as opposite-sex couples.  This decision strengthens same-sex spouses’ right to enforce surrogacy contracts, and other rights and responsibilities of being a lawful parent, under Virginia’s Assisted Conception laws.

How to get temporary custody of my grandchildren to register them for school

Friday, July 28th, 2017

School Registration

About this time of year, I get a lot of phone calls from grandparents who want to get temporary custody of their grandchildren so the child can be registered for the coming school year.

Often, the grandparent tells me that the parent has agreed to a temporary arrangement where the child will live with the grandparent for now, but be returned to the parent when (fill in the blank with the condition that the parent wants).  Often, this agreement is in writing and sometimes notarized.

However, these agreements are not considered a legal transfer of custody. Some school districts will not allow a child to be registered in school without legal custody.

First, check with your local school district to find out what is required to get the child registered.  Often, a school will allow a child to be registered if there is a pending petition for custody.

Temporary Custody

The courts do not generally order a temporary change in custody unless it is considered just a step toward a permanent order of custody.  A temporary change in custody can be requested when the parties go to court for their initial meeting with the court staff.  This temporary change is only in effect until the court has the ability to hear the entire case and make a permanent decision.

Often, a parent will be hesitant to agree to a permanent change in custody, but the parent should be aware that the custody decision is really only permanent until it is changed by another permanent order from a court.  A permanent change in custody might be modified if there has been a ‘material change in circumstances’.   This material change could possibly be the same condition the parent noted previously.

If you have questions about this, please contact the office of Beavers Law, P.C. at 757-234-4650 to schedule a consultation with one of our attorneys.  You can also visit us on the web at www.BeaversLaw.com.