I’ve helped raise my daughter since she was born and she is now 9 years old. Since I have been dating my girlfriend to there started to be rules to me getting her. I.e my girlfriend cannot be around whatsoever and now I have to go to there house and be under there supervison with her. Which I... View More 
My mom is an undiagnosed narcissist and my mom has filed a police report against my dad for sexual assault, I want to leave both my parents because I am very unhappy with my living situation, which causes me a lot of mental health problems. With both parent's consent, is it possible to live... View More
I have physical custody of my daughter with shared legal custody, and my ex has supervised visitation to be allowed by a third-party or her mother. I have allowed overnight stays for a max of two days and summer is coming up and she’s asking how we should split . I do not know the best way to... View More
We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More
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answered on Mar 22, 2024
For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More
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answered on Nov 5, 2023
In custody negotiations, if you propose an agreement with multiple points, the other party is not obligated to accept all terms as presented. They may choose to agree to some points while rejecting or wishing to negotiate others. Each point can be independently considered and negotiated. It's... View More
Is that legal
answered on Oct 27, 2023
Judges have a great deal of discretion in how they run their courtroom. Some judges even change their minds during the course of a proceeding. If a litigant does not like how a judge rules in a particular case, the litigant can either object with reasons to create a record for appeal, if the... View More
When the parent that's has custody never lets the one that don't see them unsupervised
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answered on Nov 5, 2023
If one parent's rights have been terminated, legally they would not have any inherent rights to visitation or custody of the children. The parent with full custody has the discretion to allow the other parent to see the children, but this is a personal choice and not a legal obligation. Should... View More
his wife. My son and his wife were separated, and she said she would file for divorce. My son recently died, and his estranged wife took our grandson and said we would not see him again. While caring for him, we never received nor asked for support from his parents. He attended school the 2022-2023... View More
answered on Jun 7, 2023
A grandparent who has stood in the position of a parent to a minor child, in loco parentis in Latin, is an appropriate custodian for that child and can be awarded custody and/or visitation of the child. A grandparent is recognized as a "person with a legitimate interest" who can file for... View More
If she was granted the house in an emergency protective order it says her name. The family of household member is granted possession of the exclusion of the respondent however no such Grant of possession shall affect title To any real or personal pro Property. If she is out of the state ono... View More
answered on May 28, 2023
You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.
Paternity has not yet been established but if he is found to be the father, he has also filed for custody and visitation. He has stated that he would like to do mediation. I would like to do mediation but outside of court with the other parent and a lawyer. Would a GAL be appointed in this... View More
answered on Mar 5, 2023
In a legal proceeding involving custody and/or visitation, a guardian ad litem can be appointed by the court to represent the interests of the child in the event that the parents do not adequately represent the interests of the child. This almost always occurs when there are allegations of abuse... View More
My 15 year old no longer wants to visit every other week related to various changes at the home and her feeling like she’s never heard. What’s my best next move?
Can a show cause be enforced against me since there is no concrete schedule in place?
answered on Feb 6, 2023
That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... View More
I have sole custody and her father has a visitation order. She is 14 and we live in the state of Virginia.
answered on Nov 22, 2022
Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... View More
I am thier grandmother and have had custody for nearly 9 years. They have been through a lot mentally and emotionally . Thier mother has seen them once in like 7 years and has not kept contact. The kids are now 11 yrs old and 13 years old. Neither of the kids wants anything to do with her and I do... View More
answered on Oct 19, 2022
There is no specific age at which a child can express a custody or visitation preference. The Code of Virginia allows such a reasonable preference if the child is of "reasonable intelligence, understanding, age, and experience to express such a preference." When allowed to express a... View More
I am a paternal great grandmother with custody of my great grandson who has lived with me since birth and will be 14 this October and has never lived with his mother who has petitioned to amend custody and my grandson, the father is currently incarcerated and has been provided a GAL. Neither... View More
answered on Sep 2, 2022
In Virginia, a motion to modify or amend must reference the existing order and recite its relevant provisions. If a third party has custody or visitation, that person is a necessary party to the proceeding, and must be served with notice. In order to prevail, a person seeking to modify an... View More
But at the same time we are legally married in the us
answered on Aug 11, 2022
The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... View More
Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.
answered on May 4, 2022
A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... View More
I'm in Northern VA, it's been a challenge to find someone who can competently evaluate parental alienation.
answered on Apr 11, 2022
That is called a custody evaluation. Child psychologists who offer those usually advertise themselves as custody evaluators and expert witnesses. In the Richmond area, there a few who do most of them. When I have called some that are not available, they will usually recommend others who might be... View More
Our original order went into effect June 2020, and advised drop offs and pick ups are to occur at my parents place. My amendment requests a new location, among 12 other changes. The Guardian Ad Litem suggested a location, and now my ex-husband files paperwork every time I do not do exchanges at the... View More
answered on Jan 10, 2022
This type of confusion happens frequently after a hearing. Did you have an attorney? If so, please ask the attorney who has been representing you for clarity. Often someone has asked the judge when the order takes effect. If no date is specified, the usual default is that once a judge has made... View More
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