Family Law Questions

2 Answers | Asked in Family Law for Virginia on Jun 4, 2011

Mr. Andrew T. Bodoh Esq.'s answer
You probably would have to file a suit, but this is something you would want to discuss with an attorney to find out how the law applies in your particular case.
 
 

1 Answer | Asked in Family Law for Virginia on Sep 28, 2013

Joshua Jenkins's answer
You sure haven't provided me with much information to go on there. I don't even know where you are or where you are looking! But I'll say this, if you are looking in some type of online case system for the courts or jails, those are often ...
 
 

1 Answer | Asked in Family Law for Virginia on Nov 14, 2013

Joshua Jenkins's answer
It is not at all clear from your question who lived where at what time. It is also relevant how old your daughter was at all times involved, and how old she is now. You say you divorced in NJ...but did you both live in NJ ever? Then she moved to Florida ...
 
 

1 Answer | Asked in Family Law for Virginia on Dec 27, 2012

Kristina Marse Beavers's answer
Custody, Visitation and Child Support can be modified at any time until the child is 18 as long as there has been a material change in circumstances since the last court order. (most jurisdictions require that at least 6 months has passed since the last ...
 
 

1 Answer | Asked in Family Law for Virginia on Dec 31, 2012

Kristina Marse Beavers's answer
Generally, a minor is under the care and control of his or her parent or legal guardian. So unless there is some other legal document that curtails the parent's rights to act in your best interest, then the parent can do whatever he or she thinks is ...
 
 

1 Answer | Asked in Family Law for Virginia on Jun 11, 2011

Mr. Andrew T. Bodoh Esq.'s answer
This is a little more complex than one might expect. First, if by "ex-" you mean that the couple was actually legally divorced, then in the absence of a will it will be as if the person was never married at all, and generally the property would ...
 
 

1 Answer | Asked in Family Law for Virginia on May 4, 2011

Mr. Andrew T. Bodoh Esq.'s answer
One is likely able to bring up a past conviction for child molestation, and almost certainly should, but the weight the court will give to the conviction will depend on various circumstances.
 
 

1 Answer | Asked in Family Law for Virginia on Apr 18, 2011

Mr. Andrew T. Bodoh Esq.'s answer
Though the name change often happens in conjunction with a marriage, there are very few limits on what one can and cannot do with respect to changing their name (or keeping a name they legally have now).
 
 

1 Answer | Asked in Family Law for Virginia on Feb 9, 2011

Mr. Andrew T. Bodoh Esq.'s answer
A case like this depends on a number of factors, like the person's criminal history and the circumstances surrounding the statement. If the Commonwealth Attoney believes there is sufficient evidence, they might be charged with a felony, but because ...
 
 

1 Answer | Asked in Family Law for Virginia on Feb 8, 2011

Mr. Andrew T. Bodoh Esq.'s answer
No. A power of attorney terminates on the death of the principal pursuant to Va Code § 26-81(A)(1).
 
 

2 Answers | Asked in Family Law for Virginia on Feb 3, 2011

Paul A. Prados's answer
You can continue in the current format or you can sue for custody and visitation. Hiring a local domestic relations attorney is advisable.
 
 

1 Answer | Asked in Family Law for Virginia on Feb 7, 2011

Mr. Andrew T. Bodoh Esq.'s answer
Emancipation in Virginia is not exactly a simple process. It requires filing a court document called a petition with the juvenile and domestic relations court, various court hearings, possible investigations by Social Services, and ultimately the minor ...
 
 

1 Answer | Asked in Family Law for Virginia on Feb 7, 2011

Paul A. Prados's answer
Based on your description it is highly likely you are in Fairfax. In Fairfax a calendar control hearing can be held without the consent of the opposing party as long as there is proper notice. some judges will still refuse to hold the calendar control ...
 
 

1 Answer | Asked in Family Law for Virginia on Feb 3, 2011

Paul A. Prados's answer
Va. Code § 26-30 says that the Commissioner of Accounts shall determine the fiduciary's (in this instance, Guardian's) reasonable compensation. Your local commissioner of accounts probably has a compensation schedule available. Check with the ...
 
 

1 Answer | Asked in Family Law for Virginia on Jan 27, 2011

Beth M McCord Paleos's answer
That depends entirely on the provisions of your agreement or court order (what, if anything, your agreement or court order state regarding relocation of the child). If your agreement states that the parent with physical custody of the child may not ...
 
 

1 Answer | Asked in Family Law for Virginia on Jan 31, 2011

Beth M McCord Paleos's answer
That depends on who is doing the questioning and why. It's not possible to answer your question without knowing this.
 
 

1 Answer | Asked in Family Law for Virginia on Jan 28, 2011

Paul A. Prados's answer
Trust and estate litigators like myself, and probate attorneys likely have such a document that can be modified to your case. It is unlikely any will provide you a copy for free because there is a danger you will not use it properly and then claim the ...
 
 

1 Answer | Asked in Family Law for Virginia on Jan 29, 2011

Beth M McCord Paleos's answer
If there is no court-ordered visitation for the other parent, the other parent does not have a legal right to visitation. To gain a legal right to visitation, the other parent will have to file a petition for visitation. Of course, you can choose to allow ...
 
 

1 Answer | Asked in Family Law for Virginia on Jan 23, 2011

Paul A. Prados's answer
The capias will be issued (signed by the judge) often within a short period of time. It is common to see it within 24 hours in Northern Virginia. Sheriff's or the police will execute the warrant. Sometimes they will go to the residence of the ...
 
 

1 Answer | Asked in Family Law for Virginia on Jan 18, 2011

Mr. Andrew T. Bodoh Esq.'s answer
No. Kicking the child out can expose you to criminal liability for contributing to the child's delinquency at the very least.