Law Office of Sherry Scott

Custody/Visitation

There is nothing more stressful than facing a custody/visitation battle, where your child's livelihood and well-being is on the line.  Virginia Courts always look at the "best interest" of the child.  Generally, both parent's involvement are considered to be an important part of the healthy development of a child, but not always.  Despite a common misconception, there is no presumption or preference in favor of mothers under Virginia law in custody cases. Instead, courts in Virginia are legally required to base decisions regarding custody and visitation on the best interests of the child, applying the factors listed in Virginia Code § 20-124.3.  Sherry has a great deal of experience working with child custody cases. Her experience in mental health, domestic violence, social work, and as a child advocate can ensure that what is best for your child is brought to the table.  Contact our team for a consultation today! 

Adoption

Our firm offers various types of adoptions including close relative and step-parent adoption, adult adoptions, parental placement adoptions, and agency adoptions. Adoption is the process whereby children who have been permanently and legally separated from their birth parents are placed with new parents. The adoptive parents are given the same rights and obligations as biological parents, while the rights and obligations of the biological parents are terminated. Adoption can be a joyous, yet emotionally challenging matter.  Contact our office for a consult. 

Divorce - No- Fault

A No-Fault Divorce is the least expensive way to end your marriage. Many times, it can be done without ever appearing in Court. To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce.  Our firm offers some of the lowest cost around for No-Fault Divorces. Contact us today for a consult. 

Fault based divorce

Divorce can be a hurtful and stressful time. It is often a complete disruption of the family, the home, and financial security. Navigating through a divorce requires compassionate, competent, legal advocacy. It is often difficult to "see the forest through the trees" during those turbulent times. Using her skills in mental health, custody investigations, family therapy, conflict resolution, and legal advocacy, Sherry Scott can be your advocate. Contact us today for a consultation.

Separation Agreement

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce. If there are no children from the marriage, you must be separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. A property settlement agreement, also known as a Separation Agreement, can address issues that you and your spouse has resolved including child support, custody, property settlement, spousal support, who is responsible fr debts, etc.  Then, this agreement can be incorporated into your final divorce decree.  Perhaps you and your spouse are taking some time apart and are not sure divorce is the answer. A Separation Agreement can ensure that certain issues are addressed during this period without the need for court litigation.  Even if you know that you are headed for a divorce, agreeing to the terms amongst yourself is always preferred and can help avoid costly court appearances and litigation.  If you are separated, or considering separation, contact Sherry for assistance in drafting an agreement. 

Protective Orders/Domestic Violence

Protective Orders can be a powerful tool to ensure that you have a level of protection from domestic violence. They can also assure that you have a stable place to live, transportation, and necessities needed while you are away from your abuser.  Likewise, they can also be a tool used for manipulation, to get a "leg up" in a custody/visitation matter, or pending a divorce.  Either way, our office can represent you, no matter which side of the issue you are on. Schedule a consult with Sherry today!  

Juvenile and Domestic Relations Court - Criminal

The Juvenile and Domestic Relations Courts are all about rehabilitation of youth.  A juvenile is any person under 18 years of age. The juvenile and domestic relations district court hears all matters involving juveniles such as criminal or traffic matters. Juvenile delinquency cases are cases involving a minor under the age of 18 who has been accused of committing an offense that would be considered criminal if committed by an adult. Other juvenile offenses may be referred to as status offenses. Status offenses are those acts that are unlawful only because they are committed by a minor. They may include Child in Need of Services/Supervision petitions (CHINS) for situations such as truancy and running away.  Sherry has 20+ years working in the J&DR Courts and would be happy to discuss your matter.  Schedule a consultation today! 

Estate Planning

Regardless of your wealth, everyone should have an estate plan.  That may include an Advanced Directive (sometimes known as a Living Will), and a Power of Attorney (someone to act as your financial agent).  It may also include developing a Will or a Living Trust.  Some questions that you may consider may include: 

• Who will you leave assets to? How much will each beneficiary receive?
• Who will you name as your minor child’s new guardian in the event of your death? What amount will you need to set aside for their care, education, and other expenses related to their upbringing?
• Who will have medical power of attorney if you become incapacitated?
• Who will have financial power of attorney if you become incapacitated?
• Who will you designate as the executor of your estate once you pass away? This person will be responsible for carrying out your wishes, so it is crucial to choose wisely.

Having a detailed estate plan is crucial if you want your wishes to be carried out as intended. Contact our team today to discuss what is best for you. 

Real Estate and Settlement Services

Our office provides many services for your real estate needs including deed preparation and real estate closings.  In addition, we offer affordable rates and mobile closings.  In other words, we can come to you to close your real estate transaction.  Brittany Matherly handles most all settlements, and has over 10 years experience in this area.  Contact Crystal for more information at brittany@sherryqscottlaw.com or 540-265-7059. 

Guardianship/Conservatorship

When children with severe developmental or intellectual disabilities become adults, they may be incapable of caring for themselves or managing their financial affairs-in other words, they are incapacitated. Additionally, Dementia, Alzheimer's, and other medical conditions can render a loved one incapacitated. Guardianship and conservatorship in Virginia is a legal option for individuals looking to care for adults that need the help of others for care and/or management of their finances. Contact Sherry for a consultation.

Landlord/Tenant Law

Landlord and Tenant law often fills the General District Court docket due to evictions, unlawful detainers, civil suits for past due rent, security deposits, and other damages. Many issues can arise in this area such as tenant selection issues, guest restrictions, poor housing conditions, repairs, and lease problems. If you are a landlord or tenant and need representation in this area, contact Sherry today for a consultation.