Walker JonesWalker Jones2026-08-10T20:33:24Zhttps://www.walkerjoneslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404425/2024/07/cropped-site-icon-32x32.pngOn Behalf of Walker Jones, PC<![CDATA[Co-parenting with a neurodivergent ex]]>https://www.walkerjoneslaw.com/?p=547542026-08-10T20:33:24Z2026-08-10T20:33:24ZIf your child’s other parent is neurodivergent, you may have questions about how to structure your relationship as effectively as possible for the benefit of your child, your family as a whole and your personal well-being.
Conditions such as autism, ADHD or other forms of neurodivergence can influence communication styles, organization, emotional processing and approaches to parenting. By carefully considering your ex’s unique capacity – for better and worse – you can develop reasonable expectations and informed co-parenting strategies.
Employing a thoughtful approach
It is important to avoid assumptions or stereotypes. Neurodivergence does not make someone a less capable or loving parent. In fact, many neurodivergent parents bring valuable strengths to parenting, including consistency, honesty, creativity and deep commitment to routines. Difficulties often arise not because one parent is unwilling to cooperate, but because each parent processes information and communicates differently.Clear, direct communication is often beneficial. Rather than relying on implied expectations or emotionally charged conversations, many co-parents find it helpful to use straightforward language and written communication whenever possible. Shared calendars, parenting apps and detailed schedules can minimize a risk of misunderstandings by giving both parents access to the same information.Predictability is also important. A parenting plan with specific exchange times, clearly defined responsibilities and established procedures for handling school events, medical appointments and extracurricular activities can reduce conflict. When changes become necessary, providing as much advance notice as possible may help both parents adapt more successfully.If communication has become particularly difficult, seeking personalized legal guidance may help parents develop strategies that work well for their family's unique circumstances. The goal is not to change someone's neurodivergence but to create systems that allow both parents to participate effectively in raising their child.]]>On Behalf of Walker Jones, PC<![CDATA[How does Virginia’s demerit point system work for drivers?]]>https://www.walkerjoneslaw.com/?p=547512026-07-28T14:16:01Z2026-07-28T14:16:01ZMany drivers think that the inconvenience caused by a traffic ticket ends with paying a fine, but in Virginia, paying a ticket – instead of fighting it – can lead to additional consequences due to the Department of Motor Vehicles' demerit point system.
If you have been cited with a traffic infraction, it’s important to be informed about your options before paying your ticket or deciding to fight it. Understanding how the system works is important, in part because accumulated points can affect your driving privileges and, in some cases, your insurance costs, as well.
What you need to know before taking action
Virginia assigns demerit points for traffic-violation convictions. More serious offenses generally result in the accumulation of more points than less severe infractions. For example, reckless driving and certain speeding offenses can result in significant demerit points, while other moving violations may carry fewer. Accumulating too many demerit points within a specified period may trigger administrative action, including warning letters, driver improvement requirements or license suspension in certain circumstances. Drivers with prior violations may, therefore, face greater consequences than someone with an otherwise clean record.Many motorists are surprised to learn that paying a traffic ticket is often treated as an admission of guilt. While paying a fine may seem like the quickest way to resolve a ticket, doing so generally results in a conviction that places demerit points on your record. Before deciding how to respond to a citation, it is important to understand the potential long-term impact of each course of action available to you. Seeking legal guidance can help. ]]>On Behalf of Walker Jones, PC<![CDATA[What are the different kinds of child custody arrangements?]]>https://www.walkerjoneslaw.com/?p=547392026-07-18T22:52:22Z2026-07-18T22:52:22ZMany divorcing parents want to know who gets to keep their children. Parents may fear that they will lose custody of their children during a divorce, especially if their spouse is uncooperative and threatening to "take the kids" when they go.
Parents need to understand the basics of child custody when negotiating arrangements. Understanding these basics can help you negotiate from a position of strength, or more confidently approach the issue in court if a judge must decide.
Joint physical and legal custody
Physical custody refers to where a child lives. A parent with physical custody is responsible for their child’s daily needs and routine. A parent with physical custody may be responsible for feeding their child and taking them to school or to doctor’s appointments, for example. Joint physical custody means that a child lives with both parents -- often fairly equally. Parents may have a custody schedule to decide what days their child lives with them. A joint physical custody schedule can rotate custody of a child every few days, weeks or months depending on what is best for the child and their parents.Legal custody, in comparison, refers to who decides what is best for their child in certain key areas. In other words, a parent with legal custody can decide which doctor their child will see, where they go to school, what religious instruction they will receive, and more. Joint legal custody means that both parents work together to make important life decisions for their child. This can mean that both parents have to agree to where their child goes to school or whether their child receives certain medical procedures or medication.
Sole physical and legal custody
Sole physical custody means that a child lives with only one of their parents. This parent is entirely responsible for their child’s daily care. The other parent may be given visitation rights to see their child on scheduled days. Much like sole physical custody, sole legal custody means that one parent is responsible for deciding what is best for their child’s safety, well-being and upbringing. This parent can decide where their child goes to school, their medical care or their diet without discussing it with the other parent.
It's critical to understand that shared physical and legal custody are generally preferred -- by parents and the courts. It is usually in a child's best interests to have both parents involved in their daily life, as far as possible. Sole physical and legal custody is usually reserved for situations where one parent is deemed incapable or a threat to the child -- or for rarer situations where there has been a total breakdown in the parenting relationship.
Professional legal guidance can help parents learn more about child custody law and prepare the best possible case to protect their child's future.]]>On Behalf of Walker Jones, PC<![CDATA[What drivers should know about field sobriety tests]]>https://www.walkerjoneslaw.com/?p=547312026-06-30T16:14:25Z2026-06-30T16:14:25ZOnly some tests are standard
For the results of field sobriety tests to serve as evidence of intoxication, the tests administered must have a basis in medical science. There are three standardized tests that typically serve as evidence of impairment during criminal proceedings.
The one-leg-stand test, the walk-and-turn test and the horizontal gaze nystagmus test are the three standardized field sobriety tests. Any other tests may not provide evidence that holds up during criminal proceedings.
Field sobriety tests are voluntary
The law does require that drivers submit to testing in specific circumstances. If an officer has already arrested a driver, refusing to submit to breath testing can lead to secondary consequences due to the violation of the implied consent law.
Thankfully, implied consent rules only apply to post-arrest chemical testing. Drivers have the option of refusing field sobriety tests without risking immediate arrest or additional criminal penalties.
Defendants hoping to fight drunk driving allegations, possibly by questioning field sobriety test results, generally require legal assistance. Working with a lawyer can make it easier for those accused of impaired driving to understand their rights and respond appropriately in court.]]>On Behalf of Walker Jones, PC<![CDATA[Do spouses keep their retirement accounts in a Virginia divorce?]]>https://www.walkerjoneslaw.com/?p=547082026-06-18T18:43:50Z2026-06-18T18:43:50ZMarital contributions are often divisible
Equitable distribution rules require that spouses disclose and address all marital property to find a fair solution for dividing their assets and debts. Unless spouses have signed a valid legal agreement designating pre-existing retirement accounts as separate property, they usually have an obligation to disclose those resources during the divorce process.
Any retirement savings set aside during the marriage are likely marital property because they are the product of marital income. Spouses may need to assess account records carefully to determine how much of each account is marital and how much is separate.
They can then negotiate arrangements for fairly addressing those accounts during the property division process. Judges also have the authority to order the division of retirement savings accounts as part of a divorce. While dividing the accounts may be the simplest solution, there are also alternate arrangements that address the value of individual retirement savings accounts without splitting them.
Determining what property is marital is the first step toward a fair property division outcome in a Virginia divorce. Even assets held in the name of one spouse are often subject to division during divorce proceedings.]]>On Behalf of Walker Jones, PC<![CDATA[How do Virginia divorce courts handle commingled property?]]>https://www.walkerjoneslaw.com/?p=547062026-06-09T20:04:19Z2026-06-09T20:04:19ZThe law in Virginia
When separate property is combined with marital property in a way that makes it impossible to clearly tell what came from where, the original separate asset or funds may lose their separate character and be treated as having changed classification, or “transmuted.”
For instance, when separate and marital funds are combined to purchase a new asset, that asset may be treated as marital property if it is no longer possible to clearly distinguish which portion came from each source. That said, commingling does not automatically erase a spouse's separate property interest.
Virginia courts recognize that a spouse may still be able to preserve the original classification of a contribution if it can be retraced through reliable evidence and was not intended as a gift to the couple. In other words, you may still be able to maintain your separate property interest if you are able to clearly trace the money or asset back to its source.
Property classification issues are often among the most heavily contested aspects of a divorce, especially when financial records are incomplete and the parties disagree on how assets should be categorized. If you have commingled assets in your marriage, seeking professional legal support early in the divorce process can help you take informed action to secure your property and protect your rights.]]>On Behalf of Walker Jones, PC<![CDATA[Operating a watercraft while under the influence: What to know ]]>https://www.walkerjoneslaw.com/?p=546982026-05-26T15:07:38Z2026-05-26T15:07:38ZAs summer officially gets underway, it seems like a good time to discuss Virginia law and boating under the influence. Those who enforce the laws take operating a boat and certain other water activities while under the influence (OUI) as seriously as driving under the influence.
The consequences can be just as serious. Let’s take a brief look at the law in Virginia.
What does the law say?
Virginia law states, “No person shall operate any watercraft…which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle” or “under the influence of any narcotic drug or any other self-administered intoxicant or drug….” The law applies not just to those operating sailboats, motorboats and other water vessels. It also covers those on water skis and surfboards and people who scuba dive, skin dive or spearfish while diving.As detailed in the law, it’s illegal to operate a watercraft with a blood alcohol concentration (BAC) of at least .08%. That BAC applies to adults. For those under 21, the same “zero tolerance” policy applies as for driving under the influence.
What are the consequences of a conviction?
Boating under the influence is a Class 1 misdemeanor, which can carry a one-year prison sentence, a $2,500 fine and a loss of boating privileges for a year. OUI convictions are also reported to the Virginia Department of Motor Vehicles (DMV).Further, if someone is operating a boat while under the influence, they are more likely to face other charges like reckless boating. They could face far more serious charges if they cause property damage, injure or kill someone. The best way to avoid an OUI charge is not to consume alcohol and any drugs, legal or not, that can cause drowsiness or affect the ability to think or react quickly if necessary. If you find yourself facing a criminal charge, it’s crucial to take it seriously and get experienced legal guidance as soon as possible.]]>On Behalf of Walker Jones, PC<![CDATA[How do you invoke the right to remain silent?]]>https://www.walkerjoneslaw.com/?p=546852026-05-13T14:48:35Z2026-05-13T14:48:35ZYou may need to interact with the police when going about your day. This may be at a traffic stop or an investigatory stop. While it’s essential to cooperate by identifying yourself and providing the required documentation, you can refuse to answer questions.
The Fifth Amendment to the U.S. Constitution protects you from being forced to answer questions in such circumstances. Thus, you can invoke your right to remain silent. You can also do so when in police custody (not free to leave) and being questioned.This right offers protection against self-incrimination. However, people often fail to invoke it properly. Here is what to know:
Remaining silent is not enough
Staying silent is not enough to invoke the right to remain silent. You must speak and clearly inform the officer that you are invoking the right. You can say,
“I am invoking my right to remain silent.”
"I am going to remain silent, and I would like an attorney."
“I am exercising my right to remain silent.”
“I am going to remain silent."
“I am not answering any questions.”
"I want to speak to a lawyer, etc.”
Simply giving the police the "silent treatment” may not stop them from questioning you. They can continue asking questions, and any response you provide can be used against you in court. When you clearly inform an officer you are invoking your right to remain silent, they must cease questioning until your attorney is present.You should also avoid reinitiating communication with the police after invoking your right to remain silent. The police may not re-read the Miranda warnings, and anything you say during the voluntary resumption can be admissible in court.It’s critical to understand the right to remain silent. Get more information to know how to protect yourself when interacting with the police.
]]>On Behalf of Walker Jones, PC<![CDATA[Why prepare a consent to travel letter before your next vacation?]]>https://www.walkerjoneslaw.com/?p=546502026-04-27T18:39:53Z2026-04-27T18:39:53ZPlanning a summer vacation or even a short getaway with a child can be complicated if you’re a divorced parent. There are multiple things to take into consideration, like whether it will interfere with your co-parent’s assigned parenting time, whether you need their permission to travel where you want to go and how your child will stay in touch with their other parent while you’re gone.
For any travel that requires your co-parent’s consent, it’s smart to create a “consent to travel” letter that both of you sign. If that consent is legally required under the terms of your custody agreement, you should have it witnessed and possibly even notarized.These letters, even if they aren’t required, are often a good idea because they help parents avoid confusion and conflict, let them stay in the loop on what their child is doing and provide valuable peace of mind.
What information should the letter include?
The letter should address details like:
Dates of travel
Transportation details (like airlines and flight numbers) or car routes
Lodging information like hotel names, vacation rental listings, campgrounds or relatives/friends’ homes
When and how the child and non-traveling parent will communicate
It’s also a good idea to list anyone else who will be on the trip (for example, friends or family).
Why bring a copy of the letter with you?
It’s smart to carry a copy of the signed letter with you. It can be helpful if you’re questioned by TSA and/or airline personnel. They are trained to watch for child trafficking, which often involves an adult traveling alone with a child. Parents with children who are biracial or of another race than they are unfortunately arouse more suspicion than parents and children of the same race. It’s also a good idea to have a copy of your child’s birth certificate and your custody order. What kind of travel consent documentation you create depends largely on your custody agreement, your relationship with your co-parent, how far and for how long you’re traveling and more. A simple email with some details or notes in your co-parenting app might suffice in some circumstances. It’s a matter of what works best for you, your co-parent and (most importantly) your child. If you have questions or concerns, reach out for legal guidance.If you have questions or concerns about preparing a consent to travel letter ahead of any summer travels with your child, having legal guidance can help.
]]>On Behalf of Walker Jones, PC<![CDATA[Poor driving isn’t necessary for a Virginia DWI charge]]>https://www.walkerjoneslaw.com/?p=546482026-04-13T13:26:41Z2026-04-13T13:26:41ZImpairment isn't necessary for DWI charges
Drivers have a responsibility to self-police and stay off the road when they notice diminished driving capability, possibly due to taking medication or consuming alcohol. They also have a responsibility to avoid driving with an elevated blood alcohol concentration (BAC).
Virginia state statutes clearly prohibit operating a motor vehicle with a BAC of 0.08% or higher. That prohibition applies regardless of whether there is any verifiable impact on the driver's ability to operate a vehicle.
Those accused of a DWI may need support to develop a defense strategy. Common tactics include questioning the accuracy of test results or suppressing evidence rather than trying to prove that the defendant has a high alcohol tolerance or drove well before a traffic stop.
DWI statutes prohibit not just impaired driving but also driving after ingesting enough drinks to exceed the legal BAC limit. Working with a criminal defense attorney can help people understand the law and the right strategies to use when facing charges.]]>