Check out our Oct newsletter!
IN YOUR DEFENSE
OCTOBER 2022
757.852.3000 | LegalDefense.com
Developing My Passion For the Legal Field
MY JOURNEY TO THE LAW OFFICES OF DANIEL J. MILLER
It’s always a great feeling when you take another step toward reaching your goals and that’s exactly how I’ve felt about joining the team here at the Law Offices of Daniel J. Miller this past April. For those of you I have not met yet, my name is Madeline Loving, and I am an associate attorney here at the firm. I’ve known that I wanted to be an attorney since I was in high school, and now I’m getting the opportunity to work in a field I am passionate about. I grew up just north of Nashville, Tennessee, in a town of about 3,000 people. I spent most of my free time riding horses, but that all changed once I entered high school and discovered my school’s mock trial team. The team provided me with an opportunity to meet my lifelong mentor, and we even made it to the National Mock Trial Championship one year. It’s where I discovered my passion for law and learned at 14 that I wanted to become an attorney. At 15, I started interning at a law office to ensure that’s what I wanted to do for my career. I was hooked. I haven’t been without a position in the legal field since then. I went on to study at the University of Tennessee where I earned my bachelor’s degree in public administration and economics. After graduating, I was confronted with the difficult decision of picking a law school. In retrospect, I applied to way too many law schools since I didn’t have a preference for where I wanted to go. The acceptance packages started to roll in, and I quickly became overwhelmed. There was a deadline to make a decision, so I spread all of the packages on the floor and slowly decided against each school one at a time until there was only one option left: Tulane Law School in New Orleans. Throughout college and law school, I had to make unique arrangements with my department so I could receive significant credits for an ongoing Ph.D. proposal study that I’m doing. It’s my sixth year of research, and I’ve been tracking disparities in how different areas of the country handle certain cases. I’m trying to find what judges in the South think is worse than judges in the North, and vice versa. It’s been very enlightening so far and possibly my biggest area of interest in the legal field.
I’ve also had the opportunity to work in real estate and criminal investigation law and even spent some time working at a large firm on Park Avenue in New York. After that experience, I decided I wanted to be at a firm that could dedicate more attention to their clients — I couldn’t be happier to have found the Law Offices of Daniel J. Miller. This job certainly keeps me sharp, and every day presents new challenges, but the feeling of fulfillment that flows
over me after helping a client is unmatched. I am definitely a people- person, and I love spending my time helping others. Getting to know and helping others is one of my greatest passions, and I’m so glad I get to help people through my career. I’m always available to talk with my clients, no matter what they need. Although practicing law is one of my greatest passions, it’s not the only thing I spend my time doing. My entire family recently moved to Virginia Beach so I spend plenty of time with them. I also enjoy spending time with my partner, James, and our two dogs, Penny and Ike. I also consider myself to be an avid cross-stitcher. I’m so excited to be a part of the team here at the Law Offices of Daniel J. Miller, and I can’t wait to see what the future has in store for me. –Madeline Loving
757.852.3000 1
Published by Newsletter Pro • www.NewsletterPro.com
C an G randparents G et V isitation or C ustodial R ights ?
Virginia law does not recognize an independent right of grandparents to see and visit their grandchildren without the consent of the parents, but grandparents can petition the court for visitation or custodial rights. Any nonparent who wants visitation with a child must have a legitimate interest, and the state of Virginia recognizes grandparents as having such an interest. If both parents oppose the grandparent’s visitation, the grandparent must prove that denial of visitation could result in actual harm to the child. This can be very difficult to prove and often requires a mental health expert to provide testimony. If one parent agrees to visitation while the other does not, the grandparent must prove by clear and convincing evidence that their visitation is in the best interest of the child. They’ll look at factors like age, physical and mental well-being, and the needs of the child among other things.
For a grandparent to gain custody of their grandchild, there must be extreme circumstances that warrant such a drastic measure. The grandparent must provide clear and convincing evidence that the parent is unfit, there was voluntary relinquishment, the parent abandoned the child, or a few other special circumstances. Even if the grandparent can prove the parents aren’t fit to raise the child, they still will need to prove that gaining custody of their grandchild is in the best interest of the child. Sometimes, parents feel they are unable to take care of their children and give permission to the grandparents to take custody of the children. If you find yourself in this situation, you need to make sure the agreement is in a court order. If you have any questions about custody rights or are in need of representation, give our office a call today.
For many kids, there’s nothing more special than their relationship with their grandparents, and there are many grandparents who feel the same way. But there are situations where the grandparents are pushed to the side and are unable to see their grandchildren. Parents and guardians may give various reasons why the grandparents can’t see the kids, but it’s left many to wonder if grandparents have visitation or custodial rights.
Halloween is just around the corner. You’ll soon have trick-or- treaters approaching your door requesting a healthy share of candy. Before then, you may want to go out and feel the thrills of the season yourself, but maybe you’re someone who doesn’t enjoy the cramped spaces of haunted houses. You don’t have to step indoors to experience a spooky attraction though. There are plenty of outdoor Halloween attractions to check out, and below are three of the most thrilling. Zombie Paintball We’ve all watched a scary movie and thought we could do better than some of the characters in these extreme situations. Now is your chance to prove it. There are zombie paintball courses throughout the country, and they can be a great time for everyone involved. You’ll step aboard a bus or trailer outfitted with paintball guns and proceed along a course full of zombies and creatures. Before long, your friends and family will get into the competitive spirit to see who can hit the most targets. G et O ut of the (H aunted ) H ouse
WITH THESE 3 OUTDOOR HALLOWEEN ATTRACTIONS
Haunted Corn Maze Haunted houses are great if you’re trying to experience some jump scares. But if you want to get the haunted house experience in an outdoor setting, you should check out a haunted corn maze. You’ll hear screams coming from all around to help amp up the fear. It’s also a great way to get some exercise! Haunted Hayride So, what if you want the best of both worlds? You may want to feel scared without walking through a maze or using a paintball gun. That’s where haunted hayrides come in. On a haunted hayride, you’ll hop aboard a platform that’s being towed by a tractor or truck as they take you through a dark forest and possibly some barns. Performers will be woven throughout to provide scares at the perfect moments. It’s a great way to get the classic Halloween experience without having to walk through a house or maze.
2 LEGALDEFENSE.COM
Published by Newsletter Pro • www.NewsletterPro.com
WHAT YOU NEED TO KNOW SSDI and Child Support Payments
When someone becomes disabled and is no longer able to work, they’re faced with many difficulties and obstacles. This can be a hard time for everyone who goes through this situation, but if you’re a parent who is responsible for child support payments, you may feel overwhelmed to meet your financial obligations. If you receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), you may be eligible for a child support modification. Courts will usually take into consideration a number of factors to determine whether a child support payment should be lowered. These factors include one parent losing their job, a parent becoming disabled, changes in the cost of living, changes in household size, and much more. If you have strong
communication with the other parent, you can try and negotiate a modification with them that works for both parties. If you come to an agreement, you’ll need to put it in writing and have a judge sign off on it. If you’re unable to discuss the modification cordially with the other parent, you will need to go through the courts. Depending on which benefit you receive, it could be easier or harder to get a modification. If you receive SSI, you will be eligible for a child support modification because your income will be lower. These wages cannot be garnished to pay for child support.
is lower. SSDI is counted as income when determining child support payment amounts and can be garnished if child support goes unpaid. If you receive SSDI benefits, your child may also be eligible for their own derivative SSDI benefits based on your disability. Ensuring they have those benefits can lessen the amount you need to pay each month. If you have any questions about child support and making modifications or if you’re in need of representation, give us a call today.
If you receive SSDI, you may be eligible for a child support modification if your income
SPOOKY SPAGHETTI AND EYEBALLS
SUDOKU
Inspired by FavFamilyRecipes.com
Make your family dinners extra spooky this month with a frightening dish: spaghetti and eyeballs!
INGREDIENTS
• 24 oz frozen meatballs • 16 oz spaghetti noodles • 24-oz jar spaghetti sauce
• 2–3 slices of mozzarella cheese • Sliced black olives
DIRECTIONS
1. Cook frozen meatballs according to package instructions, then keep warm in oven on low heat. 2. In a large pot, bring water to a boil and add spaghetti noodles. Cook until tender and drain. 3. In a small pot, heat spaghetti sauce over medium heat until warm. 4. After everything is cooked, mix noodles and spaghetti sauce together, then put the mixture into a serving bowl. 5. Slice the meatballs in half and mix half of the slices into spaghetti. Top the spaghetti with the remaining meatball slices with the flat sides up. 6. Cut slices of mozzarella cheese into circles and place one slice on each of the flat-topped meatballs. Then, put one black olive over each cheese circle to form the eyeballs. Serve and enjoy!
757.852.3000 3
Published by Newsletter Pro • www.NewsletterPro.com
2725 GATOR RD. SUITE 100 VIRGINIA BEACH, VA 23452 757.852.3000 | LegalDefense.com
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
INSIDE THIS ISSUE
A PASSION FOR LAW PAGE 1 CAN GRANDPARENTS GET VISITATION OR CUSTODIAL RIGHTS? 3 OUTDOOR HALLOWEEN ATTRACTIONS GUARANTEED TO SPOOK PAGE 2 SSDI AND CHILD SUPPORT PAYMENTS SPOOKY SPAGHETTI AND EYEBALLS PAGE 3 CREATING A MORE SUSTAINABLE FUTURE PAGE 4
TECHNOLOGY IMPROVEMENTS TO HELP THE ENVIRONMENT
CREATING A MORE SUSTAINABLE FUTURE
Most of today’s electric vehicles use lithium- ion batteries, which are only recycled 5% of the time, even as automakers are trying to find second lives for their batteries. In a similar vein, smartphones are rarely recycled, and their production can be incredibly harmful to the environment. Some manufacturers, including Apple, have been introducing more environmentally friendly methods to create their devices. Companies across various industries have become more environmentally conscious. While there are some outliers that reflect negatively on sustainable technological advancements, most organizations are working hard to make a positive difference. Smart technology has allowed us to improve the efficiency of certain products, such as lightbulbs and HVAC systems. We can use this technology on our devices to control
lights within our homes, set a thermostat temperature, and more. We can even set timers to control when things are turned on or off. This helps us control our carbon footprint. Through reporting functions, these companies can make adjustments and improvements to devices without ever setting foot in our homes. When used correctly, technology can play a huge role in procuring a sustainable future for everyone — by increasing productivity and efficiency while also reducing product waste and the use of harmful chemicals. Now that companies are putting a greater focus on sustainable technology, you will begin to see improvements throughout society. It might not be immediate and there may be hiccups along the way, but with continued efforts, we can have a more sustainable future.
Over the past year or two, many publications have challenged the idea that new technological advancements are helping us create a more sustainable future. Some of the most common examples cited are the disposal of electric vehicle batteries and the production of smartphones. How green are these technologies if they create new hazardous waste streams or increase fossil fuel use to generate electricity?
4 LEGALDEFENSE.COM
Published by Newsletter Pro • www.NewsletterPro.com
Page 1 Page 2 Page 3 Page 4Made with FlippingBook Ebook Creator