Carrico Law Offices LC Carrico Law Offices LC 2026-09-22T19:57:54Z https://www.carricolaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1603050/2021/10/cropped-carrico-site-icon-32x32.png by Carrico Law Offices LC <![CDATA[Modifying custody after a parent’s work schedule change]]> https://www.carricolaw.com/?p=47512 2026-09-22T19:57:54Z 2026-09-22T19:57:54Z What the court considers a substantial change in circumstances In West Virginia, a parent must show a significant change in circumstances before a court will alter a parenting plan. A change in employment hours may meet this standard when it interferes with a parent’s custody responsibilities or raises safety issues during parenting time. The court focuses on how the new schedule affects the child. Working overnight may reduce the time a parent can provide direct care and supervision. By comparison, cutting work hours to spend more time with a child may affect the child in a different way. Courts review each situation based on its facts and the child’s best interests.

How the change affects the child's best interests

A substantial change in circumstances does not alone support a parenting plan change. The court must also find that the change is in the child’s best interests. Judges may consider the child’s bond with each parent, the quality of care during parenting time and the stability of the child’s routine. The child’s age may also matter. Younger children may need more supervision and may be more affected by a parent’s overnight or irregular work hours. Older children may have more independence. Courts recognize that working parents may use childcare, but childcare alone does not usually support a modification. Judges may also consider school performance, healthcare access and the stability of each parent’s care arrangements.

Proving the change warrants a custody modification

A parent seeking a modification must show how the new schedule affects the current arrangement. Useful evidence may include:
  • Work shift records showing the new schedule
  • Childcare records showing current arrangements
  • School records or teacher notes showing changes in the child's routine
  • Emails or texts showing scheduling conflicts between parents
A parent opposing the modification can show flexibility by arranging reliable childcare, adjusting daily routines or negotiating different work hours with their employer.

A work schedule change alone rarely meets the standard

A schedule shift does not automatically justify a modification. Courts look for evidence that the change meaningfully affects the child's welfare and that modifying the plan would better serve the child's needs. Parents on either side of a request should document how the change affects the child's daily life and be prepared to show whether the current or proposed arrangement holds up under West Virginia's modification standard.]]> On Behalf of Carrico Law Offices LC <![CDATA[Can being near drug deals prove you joined a conspiracy? ]]> https://www.carricolaw.com/?p=47510 2026-09-16T12:59:21Z 2026-09-16T12:59:21Z Proximity alone may not establish an agreement Standing near a drug transaction or spending time with suspected dealers generally does not prove that you joined a conspiracy. The government needs evidence that you knowingly and voluntarily agreed to advance an illegal goal. Friendship or presence at a meeting cannot alone establish that connection. Context also plays an important role because prosecutors may rely on circumstantial evidence. Waiting in a car could appear innocent. Repeatedly driving sellers to exchanges and collecting payment, however, might suggest cooperation. A jury may consider the full record rather than one detail in isolation.

The government must prove knowing involvement

A federal conspiracy charge focuses on the agreement itself. Prosecutors do not need a written plan because conduct can reveal an understanding. Federal drug law also does not require proof that anyone took another step toward the plan. Even so, the government must prove the key parts of its case. These include:
  • A shared agreement: Two or more people agreed to violate federal drug laws. Parallel conduct or presence in the same place does not automatically show an agreement.
  • Knowledge of the goal: Prosecutors generally need evidence that you knew about the plan’s illegal purpose. Vague talk or a ride given without that knowledge may not show awareness.
  • Intentional participation: Evidence must show that you chose to join the arrangement. Texts, calls, repeated travel, payment records or witness accounts could support that claim if their context links you to the scheme.
State law can differ from the federal rule. In West Virginia, the offense requires a willful agreement between two or more people to commit a covered felony drug crime. At least one participant must also act to further its purpose. If the prosecution proves those elements, the drug type and quantity will likely affect the potential sentence.

Why you should examine the surrounding evidence

A conspiracy accusation often rests on facts that seem more incriminating when viewed together. Your location could become significant when messages, money transfers or repeated conduct give it a different meaning. Nonetheless, the prosecution bears the burden of proving every required element beyond a reasonable doubt. You do not have to establish your innocence. Legal guidance can identify missing context, challenge unsupported inferences and explain how the federal standard applies to your case.]]> On Behalf of Carrico Law Offices LC <![CDATA[How are mineral rights divided in a West Virginia divorce?]]> https://www.carricolaw.com/?p=47507 2026-09-09T16:51:01Z 2026-09-09T16:51:01Z Are inherited mineral rights separate property? West Virginia law generally classifies property acquired by inheritance as separate property. This can include inherited interests in land and mineral rights. However, separate property can become more difficult to identify when marital funds, income or other contributions become connected to the property. For example, records showing how the spouses acquired, maintained and used the mineral rights during the marriage may help the court determine what belongs in the marital estate. Keeping those records can help clarify ownership.

What can complicate mineral rights in a divorce?

The treatment of mineral interests can depend on what happened to them during the marriage. Issues may arise in any of the following situations:
  • Depositing royalty income into joint accounts or using it for marital expenses
  • Using marital funds to pay taxes, maintenance or other costs connected to the property
  • Changing or transferring ownership interests during the marriage
These circumstances do not automatically determine whether the mineral rights are marital or separate.

How are mineral rights valued?

Valuing mineral rights can be more complicated than valuing a typical piece of property. An active oil or gas interest producing regular royalties may have a different value from a dormant mineral interest with uncertain future income. The court may need evidence about the property's income-producing potential and other relevant factors when determining its value.

How are mineral rights divided?

If the court classifies the mineral rights as part of the marital estate, it will apply equitable distribution to those interests. This does not always mean an equal split. The court may award the mineral interests to one spouse and offset that value with other marital assets or in some cases, order the sale of those interests and divide the proceeds. The goal is a distribution that is equitable given all the relevant circumstances.

What records can help establish ownership and value?

Deeds, inheritance documents, leases, royalty statements and financial records can help establish the history and character of mineral interests. They can also support the valuation process. The stronger the documentation of inherited ownership and marital contributions, the clearer the financial picture the court has to work with.]]> On Behalf of Carrico Law Offices LC <![CDATA[Can a domestic violence conviction prevent gun possession?]]> https://www.carricolaw.com/?p=47506 2026-08-26T13:33:36Z 2026-08-26T13:33:36Z What convictions can affect gun possession? West Virginia law restricts firearm possession after certain misdemeanor assault or battery convictions involving a spouse, an intimate partner, a person with whom the defendant shares a child with, or a household member. The restriction applies to qualifying domestic violence offenses. The specific offense and relationship between the people involved can affect whether the restriction applies. Reviewing the conviction itself may therefore be important when determining whether a person can legally possess a firearm.

What does possessing a gun mean?

A firearm restriction involves more than carrying a gun in public. Possession can include owning, buying, using, carrying, transporting or selling a firearm. This means that keeping a firearm at home can create a legal issue even if the person does not carry it outside. The circumstances surrounding the firearm can also matter when determining whether a person possessed it.

What happens if the restriction is violated?

A person who knowingly possesses a firearm despite a legal prohibition may face a separate criminal charge. The potential consequences depend on the circumstances and the specific restriction involved. A domestic violence conviction and a protective order can create different legal issues. Someone facing a firearm-related allegation may need to examine the underlying conviction, court orders and circumstances surrounding the firearm. Those details can affect whether the firearm restriction applies and what criminal consequences may follow.]]> On Behalf of Carrico Law Offices LC <![CDATA[3 mistakes to avoid during a high-asset divorce]]> https://www.carricolaw.com/?p=47505 2026-08-14T05:20:27Z 2026-08-14T05:20:27Z Don’t overlook hidden assets When multiple assets are involved, some spouses may try to hide assets that the other spouse is not aware of. According to West Virginia law, both spouses have to submit a detailed account of all their wealth – both marital and nonmarital properties. To make sure no asset goes unlisted, with the help of a forensic accountant, check if your spouse has:
  • Foreign bank accounts
  • Unreported digital assets
  • Understated business revenue
Furthermore, look if your spouse has recently transferred any of their property to relatives.

Don’t make big purchases

After filing a divorce petition, you have to be watchful about your spending. Making big purchases and spending lavishly can lead to marital asset dissipation accusations. If proven, the court might force you to reimburse the spent amount or offset it using your share of property. Nevertheless, you may continue to use the marital funds for your routine and go about your day.

Don’t be overcome with emotion

High-asset divorces can be hectic and can sometimes test your patience. Sometimes, it can lead you to make decisions that can result in unfavorable asset division and devastating tax consequences. That is why you can never let your anger or frustration cloud your judgment.

Protect your financial future

Before you take any decision during divorce proceedings, it is important for you to consult with an attorney experienced in high-asset divorce cases. Working together with them, you can understand what is at stake and learn the dos and don’ts. Most importantly, they can help you draft an objective, business-like strategy that focuses on your long-term financial welfare.]]> On Behalf of Carrico Law Offices LC <![CDATA[What to expect when the court investigates custody]]> https://www.carricolaw.com/?p=47503 2026-07-23T08:39:57Z 2026-07-23T08:39:57Z When a custody dispute reaches a West Virginia family court, the judge sometimes needs more than each parent's version of events. The court may then bring in a neutral person to study your family and report back. Knowing why a judge orders that review, and how the report shapes your hearing, can make the process far less unsettling.

Reasons the court may order a custody investigation

Judges here do not order an investigation in every case. Often they step in when parents dispute the facts, or when a parent's fitness or a child's safety is in question. If serious allegations of domestic violence or abuse arise, West Virginia's custody investigation law generally requires the court to order an investigation or appoint someone to examine them, unless the necessary information will reach the court another way. A judge may also order one simply to gain an independent picture.

Information the investigator may gather about the family

The court may assign court staff, a trained social service professional or a guardian ad litem, meaning an attorney who represents your child's best interests. Rules governing guardians ad litem require that person to act as an independent fact finder and to testify if asked. To build a full picture, the investigator may interview each parent, your child and others who know your family, such as teachers or doctors. They may also review school, medical and court records and sometimes visit each home.

Impact of the investigator's report on the custody hearing

The investigator then prepares a written report and gives both parents a copy at least ten days before the hearing, unless the court shortens that time for good cause. The report often carries real weight, because it offers the judge an outside view. Even so, it does not bind the court. The judge weighs it alongside the other evidence and the factors that guide custody decisions in this state. Either parent may also call the investigator as a witness and question the findings.

Preparation that can help before the custody hearing

You cannot control what the investigator concludes, but you can prepare. Stay honest and cooperative, because evasiveness tends to raise more questions than it answers. Keep steady records of your involvement in your child's daily life, from school pickups to medical appointments. Frame your answers around your child's needs rather than the other parent's shortcomings. When the report arrives, read it closely with your attorney so you can address anything you dispute. A custody investigation is not a verdict on you as a parent. It is one tool the court uses to protect your child's best interests. Approaching it with honesty and preparation puts you in the strongest position to tell your side clearly.]]> On Behalf of Carrico Law Offices LC <![CDATA[Suppressing evidence after police officer misconduct]]> https://www.carricolaw.com/?p=47502 2026-07-16T09:04:16Z 2026-07-16T09:04:16Z Not all evidence is admissible For evidence of criminal activity, ranging from items found during a search to confessions, to be admissible in court, police officers must follow strict standards when gathering that evidence. There are many rules that apply to searches depending on the type of search conducted. There are also clear standards for questioning people in state custody. If police officers violate a person’s rights, the evidence they secure becomes “fruit of the poisonous tree.” A defense attorney can ask the courts to consider the misconduct of police officers and suppress or exclude the evidence. The prosecutor may not be able to present a confession or contradictory statements made after a violation of a person's Miranda rights during a trial. Any evidence found during an unlawful search is also eligible for suppression. Excluding key evidence is often an important component of a successful defense strategy. A criminal defense attorney can help people determine if police misconduct might affect their criminal case. Securing the support of an attorney early in the criminal justice process can protect people from unfair charges and unnecessary convictions.]]> On Behalf of Carrico Law Offices LC <![CDATA[What should parents know before filing for divorce?]]> https://www.carricolaw.com/?p=47501 2026-07-11T12:51:18Z 2026-07-11T12:51:18Z Divorces involving children often require considerable documentation, such as forms that mandate answers about the marriage, income, expenses and needs of the children. These documents must be filled out completely, even if the parents agree on the terms to include in their parenting plan.

Outlining a parenting plan

One of the most important things that parents have to do when children are affected by a divorce involves getting their parenting plan written. This will outline where the children will live, how time will be shared, how transportation is handled and how decisions related to the children will be made. It’s not enough to have one parenting time schedule. Instead, alternatives based on school schedules and holidays also have to be set. Parenting plans have to be approved by the court, which means they must always be set based on the best interests of the child. The court will look at a variety of things when trying to determine if a plan that both parents agree on should be approved.

Money matters

Divorce can also change a household’s budget. For cases involving children, child support is usually a consideration. Additionally, parents need to think about medical insurance, school expenses and extracurricular activity fees when planning for how things will go moving forward. Filing for divorce is a major step for parents, and proper planning may make this a bit less stressful. Because these matters are so complex and consequential, it’s usually best to work with a legal professional who can assist throughout the process.]]> On Behalf of Carrico Law Offices LC <![CDATA[What to bring to your first criminal defense consultation]]> https://www.carricolaw.com/?p=47500 2026-07-10T16:13:08Z 2026-07-10T16:13:08Z Court documents Bring every paper you have received about your case, even if you are unsure whether it matters. Those records often include important information about the charges you face, upcoming court dates and any conditions you are expected to follow while your case is pending. If possible, gather items such as:
  • Citations or tickets
  • Criminal complaints or charging documents
  • Court notices
  • Bond or bail paperwork
  • Any paperwork provided by law enforcement
Having these records together helps your attorney quickly understand where your case stands and identify what needs attention first.

Your account of what happened

Writing down your recollection while it is still fresh can provide valuable context that official reports may not include. Rather than relying on memory during your meeting, prepare a simple timeline that explains what happened before, during and after the incident. Include details such as the date, time, location and the names of anyone who was present. If you believe someone witnessed what happened or has information that could help explain the situation, make a note of that as well. A clear timeline gives your attorney a better starting point when evaluating your case.

Relevant records and communications

Save any information connected to your case before your consultation. Helpful materials may include text messages, emails, photographs or contact information for potential witnesses if they relate to what happened. Leave these records exactly as they are instead of deleting, editing or reorganizing them. Preserving the original information allows your attorney to review it in context and determine whether it could affect your defense.

Give your attorney a strong starting point

Your first consultation is the beginning of a conversation, not a test you have to pass. Bringing the information you already have gives your attorney a clearer picture of your situation, allowing you to spend more time discussing your options and what comes next. If you are unsure which records to gather first or need help obtaining them, ask before your consultation.]]> On Behalf of Carrico Law Offices LC <![CDATA[Co-parents need parenting plan provisions for sick days]]> https://www.carricolaw.com/?p=47499 2026-06-22T02:08:03Z 2026-06-22T02:08:03Z Most parenting plans address regular schedules, holidays, vacations and transportation arrangements. However, many parents overlook an issue that inevitably arises at some point: illness. Whether it is a child with the flu or a parent recovering from a serious medical condition, sickness can quickly disrupt even the most carefully organized custody schedule.  To that end, including clear sick-day provisions in a parenting plan can help to minimize confusion and conflict when these situations occur.

Why make this effort?

When children become ill, co-parents may have very different opinions about what should happen next. One parent may believe that their child should remain in one home until they recover, while the other may expect the regular parenting schedule to continue. A parenting plan can establish expectations regarding temporary schedule adjustments, medical appointments, medication administration and communication about a child's condition. For example, parents may agree that the parent caring for a child during an illness will promptly share information about symptoms, diagnoses and treatment recommendations. The plan may also address how emergency medical decisions will be handled and whether virtual parenting time should be offered if a child is too sick to travel. Parents should also consider what should happen when one co-parent or the other becomes ill. A parent recovering from surgery, dealing with a contagious illness or experiencing a significant health issue may be temporarily unable to exercise parenting time as scheduled. Without clear guidelines, disagreements can arise regarding whether parenting time should be modified and how missed time will be made up. Some parenting plans include provisions allowing parents to request temporary schedule changes during illnesses while encouraging reasonable cooperation between the parties. Others establish procedures for offering make-up parenting time when a parent's illness prevents them from caring for the child. Illness is a normal part of life, but it can create significant stress for co-parents when expectations are unclear. By addressing both child illnesses and parental illnesses in advance, an entire family can benefit from less stress and greater clarity. ]]>