I have primary physical custody we both have joint legal custody. I’m worried the parent will take our child and not return them after our agreed upon period. Are they able to do that? The custody agreement says I have “primary physical custody with reasonable and liberal visitation as the... Read more »
answered on Dec 4, 2018
Since the order grants liberal visitation as the parties agree, if the non-custodial parent takes the child and does not return the child at the time that was agreed to by the parties, then they would be in violation of the court order. You should always make sure that the agreed upon times are in... Read more »
answered on Dec 3, 2018
Both parties, their attorneys, if they have one, a Guardian ad litem, if one was appointed, and any witnesses that each party wishes to call. The Judge and a courtroom deputy. Possibly a court reporter.
The father has visitation every other week from 6PM Sunday until Wednesday at 6pm. It just so happens that his regular weekend starts the 23rd of December. Will I be breaking the custody order not allowing him to get my son until Christmas Day at 2pm?
answered on Nov 27, 2018
It depends on what the Order states with regard to your holiday visitation time. Also, does it state that the holiday visitation supersedes the regular visitation. More information regarding what the order says is needed to be able to answer this question.
Court this took place in so that i can have a copy?
answered on Nov 12, 2018
Under Virginia code he should have filed the Complaint for Divorce in the court in the county/city that you last lived together in Virginia.
I am acting as my attorney and some issues have arisen regarding my minor child. I wrote a very specific series of questions to my wife's attorney but he never responded. Does he have to consider me to be OC in this matter and communicate with me?
answered on Nov 2, 2018
If you do not have an attorney of record, then you should be treated as opposing counsel in the matter.
Dad passes his life insurance company is writing the check to his wife that he hasn't lived with for over 15 years i have lived with him my whole life. Will they do the same with his 401k pension plan and all of his investments since he has no will or beneficiaries. I am not her biological... Read more »
answered on Oct 23, 2018
For life insurance policies, 401k accounts, IRA, and some investment accounts, your father would have been asked to provide a beneficiary on the paperwork he filled out to open them. Whoever he listed as a beneficiary is who will receive those funds.
In Virginia, if a person dies without a... Read more »
so what will the new child support payment be for my other child?
answered on Oct 22, 2018
Child support is calculated based on each parents gross monthly income, cost of health insurance for the children, and cost of any work related child care, so these numbers would be necessary to determine the amount of guideline child support.
Both great grandparents have multiple medical issues. My nephew's father resides in the home, has multiple drug and assault charges, and has child neglect charges on the child. My nephew's father's brother also resides in the home, and was driving the vehicle resulting in my... Read more »
answered on Oct 22, 2018
As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.
answered on Oct 19, 2018
In Virginia adultery is still a crime, so your husband would have the right to assert his 5th amendment privilege against self-incrimination. A judge could not make him state whether or not he committed adultery.
My children who are under foster care through the state turned 18 this month and I received a letter stating I will continue to pay until 2020 June 1st when they are estimated to graduate
answered on Oct 15, 2018
The Virginia child support statute provides that support will continue to be paid for any child over the age of 18 who is a full-time high school student, until such child reaches the age of 19 or graduates from high school, whichever occurs first.
Also if I have moved from Stafford to Loudoun County can I petition the court for custodial parent to meet half way on visitation drop offs, pick ups etcetera?
answered on Oct 11, 2018
Virginia Code section 20-108.2 states that "any child support order shall provide that the parents pay in proportion to their gross incomes, as used for calculating the monthly support obligation, any reasonable and necessary unreimbursed medical or dental expenses." So unless it is... Read more »
answered on Oct 9, 2018
You can either have a new will drafted which revokes the old will, or you can have an addendum to the current will. If there are significant changes, it is best to have a new will drafted.
answered on Sep 17, 2018
Yes, you can file a Rule to Show Cause. This allows you to present evidence on how he has violated the order and ask the court to find him in contempt and to remedy the issue.
answered on Sep 4, 2018
If you have a court order regarding custody and visitation, and if she is violating the provisions of the order, then you can file a Rule to Show Cause to ask the court to enforce the order. If there is no court order regarding custody and visitation, you can file Petitions for Custody and... Read more »
answered on Sep 4, 2018
The house is the spouse's separate property. Depending on the details of whether or not the mortgage and upkeep is being paid from the rents collected, and how much of your personal effort has gone into the appreciation of the property, you may have some claim to a portion of the equity in... Read more »
answered on Aug 24, 2018
It depends on what your order says, and if the order was issued in Virginia. If issued in Virginia it will also depend on whether or not your child has graduated from high school or if they are disabled.
If minor child accumulates $1,000 in medical expenses in a calendar year, does the custodial parent pay the first $250, then both parents split the remaining $750?
answered on Jul 16, 2018
That is how the old version of the code reads. Yes, that is how it is interpreted. The custodial parent pays the first $250 and then anything over that is split by the parents.
My boyfriend’s ex (currently married still to her) he is paying child support for there two kids one is 16 one is now 18 she has been moved out and out of school since oct of 2017 and now the mother is taking it back to court to get more child support from him! My question is can she? And can she... Read more »
answered on Jun 26, 2018
If they are under a court order in Virginia for child support, the child turning 18 and emancipating is a material change in circumstances that would allow her the ability to ask the court to recalculate child support. The circumstances of the parties now as opposed to when the original order was... Read more »
answered on Jun 26, 2018
You should be able to get copies from the Circuit Court where it was finalized. Contact the Circuit Court clerk's office in the court the divorce was finalized in and they should be able to help you.
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