At some point during the majority of marriages, when things are sunny and bright, and love is in the air, spouses will frequently execute a written Power of Attorney, giving the other spouse the legal authority to act on behalf of each other. Such action commonly includes the ability to buy and sell real estate; to incur and pay debt; to deal with financial issues; and, to make medical or health-related decisions.Obviously, the granting of a Power of Attorney to another is founded upon a high level of trust in that person's maturity, intellect, honesty and sense of propriety. When a marriage is "solid," and based upon mutual love and respect between the spouses, this generally presents no problem at all; and, is often both convenient and necessary. However, when the foundation of that marriage begins to weaken, or the trustworthiness of one or the other spouse is called into question; or, the continued viability of the marriage itself becomes an issue, one should re-evaluate the prudence of any outstanding Power of Attorney.
Children Testifying in Custody/Visitation Cases
A question often asked in a custody/visitation matter is: "How old does my child have to be in order to tell the judge what he/she wants?" The simple answer is that there is no minimum age requirement. Virginia law expressly provides that any child, who is of reasonable age, intelligence and experience, is deemed to be competent to testify as to his/her preferences regarding custody or visitation issues. Of course, the amount of weight that the presiding judge is likely to give such testimony will tend to increase with the age of the child witness.
