Kellam Parks is a managing partner at Parks Zeigler, PLLC – Attorneys at Law, located in Virginia Beach, Virginia. Kellam focuses his practice on family law, cybersecurity and data privacy, credit report disputes, and civil litigation. He is active with the Virginia State Bar, most recently chairing the Special Committee on Technology and the Future Practice of Law. He is also active with both the Virginia Beach Bar Association, where he serves on the Circuit Court Liaison Committee and the Norfolk/Portsmouth Bar Association, where he serves on the Executive Committee. Kellam also participates in the mentorship programs for both associations, believing it is important to share what he has learned over the years with newer attorneys. Kellam is also an active member of the Virginia Trial Lawyers Association.
Kellam is AV rated by Martindale-Hubble and has earned a 10.0 rating by AVVO. Kellam has also been recognized by Super Lawyers, Best Lawyers, Top Lawyers, and Legal Elite. Kellam is an active faculty member and author for Virginia CLE and speaks extensively across Virginia on the subjects of the ethical implications of technology and the practice of law, cybersecurity and the prevention of data breaches in the legal industry, and the management and marketing of law practices.
Kellam graduated with a B.A. in philosophy, with honors, from St. Andrews University in North Carolina before receiving his JD from Marshall-Wythe School of Law at the College of William & Mary.
A: If there is no court ordered custody/visitation, then both parents have equal rights to the children and the two 13-yr. olds can live with their father. We also suggest that communication ensure and a petition for custody be filed (with a request for an expedited or even an emergency hearing if warranted) before a unilateral change. Ultimately, the Court will determine what is in the children’s “best interests” as to where they should live and what kind of visitation is had between the parents. If they are being abused, then proof would need to be shown to be factored in. This could be general evidence or could be therapy-related, or even forensically if warranted. This hypothetical situation
is very complicated and warrants careful attention by competent counsel. ... Read More
A: If this is in Virginia and the motion to modify is in Juvenile and Domestic Relations Court, there is no answer to be filed. The courts generally set a first return date where the parties appear, often times a Guardian ad Litem is appointed for the child(ren), and a trial date is chosen. Sometimes the previous order is modified at that hearing pending the trial, but that is very factually specific. If it an usual situation where there is some filing in Circuit Court post-divorce (as most cases are remanded to the JDR), then a written answer 21 days after being served with a petition would be required.
A: This is a complicated question because, in Virginia, there is the concept of “Separate Property,” “Marital Property,” or “Hybrid Property.” Generally speaking, any property owned or debts owed before the marriage are the separate parties’, anything during the marriage is marital (and therefore each party has an interest, doesn’t matter who bought it or who incurred the debt, and “Hybrid” means the property is part of each of these. For example, if there is $50,000 in a bank account that was deposited entirely during the marriage, barring extra factors, that $50,000 is all marital and each party would have an interest. How much will go to each party will be up to the Court;
however, because at least part of it will go to each, there is little risk in taking some of it and putting it in a separate account so can’t be depleted by the threatening spouse. This can get complicated and, as always, we suggest speaking with competent legal counsel as to the best course. ... Read More