Sevila, Saunders, Huddleston & White

Sevila, Saunders, Huddleston & White Leesburg Family Law | Criminal Defense | Business Law Attorneys 2026-06-04T08:30:02Z https://www.sshw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504379/2022/09/cropped-favicon_site-identity-32x32.png On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[Access a child’s records: Your right as a non-custodial parent]]> https://www.sshw.com/?p=50714 2026-06-04T08:30:02Z 2026-06-04T08:30:02Z

What the law says about your right to access Under Virginia law, both parents have a right to see their child’s records, even if they do not have custody. This means that schools, doctors and daycare providers cannot hide or refuse your request to access your child’s academic, health or childcare records. Moreover, this right applies to online portals and secure websites that store sensitive data.

Exceptions you need to consider

While Virginia supports non-custodial parents, the law includes exceptions that invalidate your right of access. If a judge has explicitly ruled that you cannot have access for good cause, this court order blocks your right. Even without a court order, a medical professional can block a parent from accessing a child's health records. The healthcare provider must have a written statement in the child’s file, declaring that letting you see the records is reasonably likely to cause substantial harm to the child or to someone else.

Protecting your relationship with your child

Despite the medical restriction, you have the statutory right to have that denial reviewed by an independent physician or clinical psychologist. Seeking guidance from a family law attorney can offer insights into Virginia’s process regarding this matter.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[Virginia lawmakers pass critical ‘Pay or Quit’ law update]]> https://www.sshw.com/?p=50712 2026-05-07T01:13:34Z 2026-05-07T01:13:34Z

What did the law change? The passage of HB15 increases the time that tenants have to pay their past-due rent and bring their leases back into good standing. Previously, landlords who provided written notice about late payments could evict a tenant after as little as five days. The newly-modified statute increases that timeline for paying past due rent to 14 days. Giving tenants two weeks instead of one business week to catch up on late rent and avoid eviction is a potentially effective, compassionate policy that can help people avoid costly evictions that may limit their rental housing opportunities in the future.

What is the eviction process?

Evictions begin with the landlord providing written notice about late payments or other issues. When the concern is a breach of the lease, the tenant typically has 30 days to vacate. If the issue is a failure to pay rent, they have 14 days to pay or quit. If the tenant corrects the lease violation or pays their past-due rent, the eviction process halts. If they have not addressed the issue, then the landlord can take a copy of the notice to civil court to request an unlawful detainer. During the court date, both the landlord and the tenant have the opportunity to present evidence about the situation. If the courts rule in the landlord's favor, they can then work with the Sheriff's Office to serve and evict the tenant. Tenants usually only have 10 days after a hearing to appeal. The Sheriff's Office schedules the eviction, provides the tenant with 72 hours of advance notice and then returns to finalize the eviction. Tenants dealing with unlawful evictions and other disputes may need guidance addressing the issue. Reviewing payment history and lease paperwork with an attorney can help people assert their rights under the law and avoid unnecessary or unfair evictions.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[A Virginia state bill could make failure to appear a felony]]> https://www.sshw.com/?p=50678 2026-04-16T11:21:22Z 2026-04-16T11:21:22Z

What have lawmakers proposed? A new bill could increase the penalties for intentionally failing to appear in criminal court in Virginia. The bill makes the failure to appear at a preliminary hearing or trial for a felony offense a Class 6 felony, which carries a fine of up to $2,500 and a possible sentence in state prison or jail. Currently, failing to appear in court and other forms of contempt of court are usually misdemeanors subject to summary sentencing from a judge. Those accused of contempt often pay up to $250 in fines or face up to 10 days in jail. The willful absence of the defendant is a key component of the new statute. The burden is on the state to show that an individual intended to avoid court proceedings. In scenarios where illness, motor vehicle crashes or other unusual circumstances interfered with court attendance, the state may not have adequate reason to pursue willful non-appearance allegations against the defendants. Anyone facing criminal charges likely needs support assessing their legal situation, ensuring they fulfill all requirements, such as appearing at mandatory court dates and responding effectively to the charges to minimize the penalties imposed. The support of a criminal defense attorney can help defendants secure their release pending trial and can help them understand what the courts require of them. Tracking major changes to existing statutes can help defendants avoid mistakes that could significantly worsen their current legal circumstances.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[What is truancy under Virginia law?]]> https://www.sshw.com/?p=50676 2026-03-31T13:16:38Z 2026-03-31T13:04:56Z

your child misses school without an accepted reason, the school may call it truancy. In Virginia, truancy usually happens when a student has a pattern of unexcused absences, not just one missed day. As absences add up, the issue can move from a school problem to a legal one, especially in juvenile cases. Knowing how this process works may help you respond early and reduce the risk of court involvement.

Recognizing excused absences

Virginia schools often allow certain reasons for missing class, although rules can differ slightly by district. Commonly excused absences include:

Being sick or visiting the doctor
Family emergencies
Religious holidays
Required court appearances

Schools usually ask for a note or other proof within a set time. Missing the deadline or failing to provide documentation can lead the school to mark the absence as unexcused. Multiple unexcused absences can trigger the formal legal process.

Following the school’s truancy steps

Virginia law outlines a series of steps schools follow as absences grow. Schools start with simple contact and may move to formal measures if attendance does not improve.

Initial contact: After a few unexcused absences, the school may reach out to discuss attendance.
Attendance plan: Five unexcused absences usually lead staff to create a plan to improve attendance.
Attendance conference: A sixth unexcused absence may trigger a formal meeting to see why the plan is not working.
Court referral: If absences continue, the school may refer the case to juvenile court.

Each step gives families a chance to show they are trying to improve attendance before the situation escalates.

Considering consequences for parents and students

Truancy can affect both parents and students. Parents who do not follow compulsory attendance laws may face a Class 3 misdemeanor. This often carries a fine up to $500. For students, juvenile courts usually focus on helping rather than punishing. Possible outcomes may include:

Community service
Counseling or mentoring
Special school programs
Delayed or suspended driving privileges

Even these corrective steps can have long-term effects if attendance problems continue.

Understanding CHINSUP cases

The court may classify students who are frequently truant as a Child in Need of Supervision (CHINSUP). This is a civil process, not a criminal charge, but the court sets rules and monitors progress. CHINSUP cases can connect families to support services and require students to follow specific attendance and behavior rules. Ignoring these rules could lead the court to take additional action.

Managing attendance proactively

Truancy often starts as a school issue but can become a legal problem if left unaddressed. Keeping open communication with the school, responding quickly to notices and keeping records of valid absences can help manage the situation early. Taking these steps may give you more control and help your child stay on track both in school and legally.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[Can you change your will during divorce in Virginia?]]> https://www.sshw.com/?p=50675 2026-02-16T01:50:33Z 2026-02-16T01:50:33Z

Divorce can affect who controls your estate and who inherits your property. You may wonder if you can update your will before the process is final.

You can revise your will while divorce is pending

In Virginia, you may change or revoke your will at any time if you are of sound mind. Filing for divorce does not prevent you from signing a new will or adding a codicil. This can matter if your current will names your spouse as executor or primary beneficiary. If you pass away before the divorce is final, your spouse could still serve in those roles unless you make changes. You may consider updating the following:

Executor: Choose someone you trust to manage your estate.
Beneficiaries: Redirect assets to children, relatives or charities.
Guardians: Name a trusted adult for minor children if needed.

These updates can align your estate plan with your current wishes.

How Virginia law treats divorce and wills

Virginia law addresses what happens after a divorce becomes final. Under Code of Virginia § 64.2-412, a final divorce generally revokes gifts and fiduciary appointments made to a former spouse in a will. The law treats your former spouse as if they failed to survive you. Property that would have passed to your former spouse may pass to alternate beneficiaries named in your will. The statute can also affect revocable trusts. In some situations, filing for divorce may revoke a spouse’s fiduciary powers in a revocable trust if the trust was revocable at the time of filing.

How legal options may help

Changing your will during divorce is generally allowed. Still, timing and strategy can affect property division and other legal issues. You may benefit from speaking with a Virginia attorney who understands both estate planning and family law and divorce. Careful guidance can help you update your documents in a way that reflects your goals and complies with Virginia law.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[Understanding the Uniform Interstate Family Support Act]]> https://www.sshw.com/?p=50670 2026-01-27T15:46:57Z 2026-01-27T15:46:19Z

When families move across state lines, child support issues can become complicated. Different states have different rules, which can create confusion and conflict. To reduce those problems, states follow a shared law called the Uniform Interstate Family Support Act (UIFSA). Its overall aim centers on guiding courts to acknowledge and carry out child support orders that were created in a different state.

Why the UIFSA exists

The main goal of the UIFSA centers on consistency. A child support order issued in one state does not disappear just because a parent relocates. Instead, the law encourages states to honor and uphold valid out of state orders. This approach aims to reduce repeated court fights and provide stability for children who rely on support payments. For people who move into Virginia with an existing child support order from another state, the UIFSA often guides how Virginia courts treat that order. In many situations, Virginia may enforce the original terms rather than rewriting them. This structure helps avoid conflicting orders from different states.

How the UIFSA affects families moving into Virginia

Parents who arrive in Virginia with an out of state order may notice several real-word consequences. For example, the law often limits which state has the power to change an existing order. Generally, the issuing state keeps control unless specific conditions apply. In practice, the UIFSA may help by:

Encouraging Virginia courts to recognize valid child support orders from other states
Reducing the chance of multiple states issuing different orders for the same family

These principles can make enforcement more predictable, even though outcomes may still depend on individual facts.

Why it also matters when moving out of Virginia

The UIFSA does not only apply to people coming into Virginia. Parents who plan to move out of Virginia, or families where one parent leaves while the children remain in the state, may also need to keep this law in mind. An existing Virginia child support order may continue to follow the parents across state lines. In those situations, the UIFSA often helps clarify:

Which state may enforce the order
Whether another state has authority to request changes

A law focused on continuity

Overall, the Uniform Interstate Family Support Act aims to promote continuity and cooperation between states. While each family situation differs, the law generally seeks to protect existing child support orders and reduce unnecessary disputes. For families facing moves across state lines, understanding the role of the UIFSA may help set realistic child support expectations and reduce uncertainty.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[Are you allowed to move during the Virginia divorce process?]]> https://www.sshw.com/?p=50668 2025-11-24T16:53:03Z 2025-11-24T16:53:03Z

Virginia's separation requirement Virginia divorce rules require you to live separately and apart for a set period before you can file for a no-fault divorce. This mandated separation time is often why people want to establish separate residences. The separation can be within the same home if spouses occupy separate spaces and stop behaving as a married couple. The specific rules depend on your family's situation:

If you have minor children, you must live apart for a minimum of 12 continuous months, and a written agreement cannot shorten this period.
The separation period is only six months if you have no minor children and a written agreement that resolves all issues of property, debt and support.

You must be physically separated, and at least one spouse must have the intent to make the separation permanent. Clearly establishing a separation date is crucial to moving your legal process forward.

Moving with kids creates a legal hurdle

Unilaterally relocating children far away during the separation period, without a formal custody order, creates a material change in circumstances and may prompt the other parent to file an initial custody petition, where your relocation could negatively affect the court's final 'best interests of the child' determination. A court could force you to move back to the local jurisdiction with your children; an outcome that could negatively affect your position in future custody determinations. The court assesses many factors when deciding custody. Your willingness to foster the children’s relationship with the other parent is essential. Attempting to unilaterally relocate the children before a formal order is in place may damage the court's view of your co-parenting efforts.

Plan any move with legal guidance

Moving out of the marital home should be discussed with legal counsel. Moving your children requires additional legal planning. You must protect both your children’s best interests and your rights as a parent. If your personal safety is a concern, moving out is often paramount. However, consulting with an experienced attorney is vital. If children are involved, talking to a lawyer becomes even more urgent before making any long-distance moves. They can help you understand your options and ensure your choices won't complicate your divorce or jeopardize your custody outcome.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[Can you record arguments with your spouse when considering divorce?]]> https://www.sshw.com/?p=50663 2025-10-24T14:59:36Z 2025-10-24T14:59:36Z

Smartphones make recording easy but recording your spouse in Virginia without following the rules can create serious risks. Secret recordings may not only stay out of court but can also expose you to criminal charges. You protect your case and your future when you understand the law before pressing “record.”

Why secret recordings can backfire

Spouses often think a recording of a heated argument will help in divorce. In reality, secret recordings may cause problems:

Inadmissible evidence: Courts can reject recordings that break state or federal law.
Criminal liability: Illegal recordings can bring fines or even criminal charges.
Judicial disapproval: Judges may see secret recordings as invasions of privacy and question your judgment, especially if it involves a child in the conversation.

Judges weigh not just what a recording shows but how you made it. That can hurt your position in custody cases or divorce proceedings.

Understanding Virginia’s consent laws

Virginia uses a one-party consent rule for in-person conversations. If you take part in the conversation, you can record it. Phone calls follow a different rule: everyone on the call must agree before you record. Courts will not admit recordings that break this rule. These rules may sound straightforward but there are several situations where people run into trouble. Some important points to keep in mind:

Text messages and voicemails: These create records you may generally use as evidence, subject to hearsay and foundation objections.
Home surveillance: Existing doorbell camera or baby monitors are generally present with the knowledge of both parties, but this is not always the case. If cameras are installed after a separation, consent and knowledge issues may exist.
Children and family members: Asking children to record parents is discouraged and can damage custody claims. It may also require the testimony of a child or family member for the recording to be admissible.

Breaking consent laws can damage your credibility in court.

Safer ways to document conflicts

If you feel a need to preserve evidence, there are safer alternatives to secret recordings. Here’s what you can do:

Keep a journal: Write dates, times and descriptions of incidents.
Save texts, emails and voicemails: Screenshots and message logs work as admissible proof. There are apps and programs to download text messages in mass.
Use existing systems: Security cameras or dash cams that both spouses know about in advance may provide valid evidence.

These options can strengthen your case without exposing you to additional legal risk.

Moving forward during divorce

If you plan to divorce in Virginia and worry about documenting conflicts, it is recommended to seek guidance from a family law attorney. They can explain which forms of evidence are admissible and how to protect your rights without jeopardizing your case.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[Deferred disposition: An option to keep charges off your record]]> https://www.sshw.com/?p=50662 2025-09-04T11:38:42Z 2025-09-04T11:38:42Z

What deferred disposition means Deferred disposition means the court delays judgment while you complete probation. During this period, you must meet specific conditions the court assigns. Instead of convicting you immediately, the court places you under supervision, and you report to a probation officer and follow the rules. When you complete everything as ordered, the court dismisses the charge, which keeps it from appearing as a conviction on your record.

Who may qualify under Virginia law

Not every charge qualifies for deferred disposition in Virginia. Under Virginia law, judges decide based on the type of offense and the circumstances of your case. While eligibility is not guaranteed, you may benefit from the fact that Virginia’s laws changed in 2020, giving courts more flexibility to grant deferred findings in situations where they once refused. This shift opened the door for cases that once ended in conviction to now move forward through probation instead.

What to expect during probation

Probation terms reflect your case and may include counseling, community service or restitution. During this time, you stay in contact with your probation officer and confirm that you meet every requirement. When you succeed, the court dismisses your charge. In some situations, you may even pursue expungement if the offense does not fall under an exclusion in the law. If you fail to follow the conditions, the court convicts you and imposes the penalties that applied from the start. This makes your commitment to probation essential.

Protecting your future with the right legal help

An experienced criminal defense lawyer helps you determine whether deferred disposition fits your case, prepares you to meet the conditions and presents your eligibility effectively in court. With the right legal support, you can push for dismissal instead of a conviction. When you choose to work with a skilled attorney, you give yourself the strongest chance to avoid jail, keep your record clean and protect your future.]]> On Behalf of Sevila, Saunders, Huddleston & White, P.C. <![CDATA[What should I do if someone is road raging?]]> https://www.sshw.com/?p=50647 2025-08-12T19:36:26Z 2025-08-12T19:36:26Z

How can I avoid becoming a victim of road rage? The best way to prevent road rage incidents is to drive defensively and courteously. Let people pass you and avoid cutting them off, use turn signals appropriately and obey the speed limit, and avoid sudden lane changes. These actions help maintain a calm driving environment and reduce the likelihood of provoking aggressive behavior. It is also helpful to avoid acknowledging aggressive drivers directly or gesturing in any way that could be misconstrued.

What should I do if am being followed?

Unfortunately, incidents of road rage are not uncommon. Recent research shows that 96% of drivers witnessed an act of road rage during 2024. Data from the last seven years also shows that over 12,000 people were injured in connection to acts of road rage. As such, it is important to take immediate steps to protect yourself if you notice someone following you. Having your phone ready can be a deterrent, as the aggressive driver may not want their actions recorded. Gather information about the person, including information about their appearance as well as the words and actions that occur while they follow you as well as the vehicle’s type and license plate number. Avoid going home or to locations connected to your personal life. Instead, drive to public places or towards police stations to deter the follower. If you need to stop, stay in your vehicle and be prepared to call the police. Avoid physical altercations and wait for authorities to respond. Sometimes, exiting your vehicle is unavoidable, such as after an accident. If you find yourself in this situation, keep your phone ready and look for witnesses. Avoid making physical contact, as it can lead to criminal assault charges. If the aggressive person tries to take your phone or slaps it out of your hands, this may serve as grounds for an assault charge. If they injure you, you can hold them financially accountable for the cost of medical care and treatment. Dealing with road rage requires calm and strategic actions to ensure your safety. By driving defensively, preparing for potential threats, and knowing how to handle confrontations, you can protect yourself from aggressive drivers. It is also important to document incidents by filing a police report and seek legal advice if injured during one of these incidents. Your safety is the priority, and understanding your rights can help you work through these challenging situations.]]>