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Virginia Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: If I had a marital settlement agreement in Florida is it possible to have custody modified in Va

Ex filed registration in VA and immediately turned into modification of custody and JD&R proceeded without proper jurisdiction. Is that possible?

James H. Wilson Jr.
James H. Wilson Jr. answered on Sep 24, 2021

A party to a court order may domesticate or register that order in Virginia if the Virginia court can exercise jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act. Notice of the proposed domestication or registration is served on the other party so he or she could contest... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: I want a divorce. We have 2 children together. What is the first step? He owns his own business and I don't want debit
Lisa Mathews
Lisa Mathews answered on Sep 23, 2021

You should hire a lawyer. Since you have children, it is going to be important to create a custody arrangement, establish child support, and even though you say you don't want anything from his business, a lawyer can advise you on the consequences of this decision. You want to make sure that... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Communications Law for Virginia on
Q: Can my father's living siblings & children successfully fight for the right to properly bury my father who has no will.

My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »

Benjamin Inman
Benjamin Inman answered on Sep 21, 2021

Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.

I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I make a neighbor who is a landlord to evict his tenants if they smoke and their smoke come in my unit

He has been notified multiple times but doesn’t respond to my messages

F. Paul Maloof
F. Paul Maloof answered on Sep 21, 2021

A neighbor has no right to force another neighbor who is a landlord to evict a tenant for smoking on the premises. You may have a right to report the nuisance to the Condominium Board and complain or to the Property Manager for recourse.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: A landlord can terminate a rental lease that has just started and put the house for sell?
F. Paul Maloof
F. Paul Maloof answered on Sep 20, 2021

The terms of the residential lease will determine when and how a landlord can terminate the residential lease. This is a contract law question. On the second question, the landlord has the right to place the premises on the real estate market for sale, but the new owner will be required to take... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law for Virginia on
Q: In a state where cannabis is legal is it legal to mail THC vape cartridges to another state where cannabis is legal?
Aaron A. Pelley
Aaron A. Pelley answered on Sep 19, 2021

It is still Federally illegal to ship cannabis or transport it across state lines. Or possess cannabis. Or anything with cannabis. Still all federally illegal. All of it.

The reason this is more of a problem is because you are would be using a Federal service (United States Post Office) to...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: How do I protect myself from a tenant that wants to break a lease early?

My tenant wants to break a year long lease early. I told her that she is legally obligated to pay the rent until we find someone to take over her lease, or pay a fee. She was unhappy about this and has not talked to me since. How do I protect myself if she refuses to pay and just leaves? I have one... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 17, 2021

If the tenant fails to pay the rent, you will need to give the tenant a written notice to pay or quit. If then the tenant does not pay the rent, you will be required to file an Unlawful Detainer in the General Distract Court where the premises is located and seek damages and the return of... Read more »

2 Answers | Asked in DUI / DWI for Virginia on
Q: Do I need permission to go to work

I have a restricted license. I put on the paper I am looking for a job. If I do get a job do i need permission still to go to work. Please send answers

Ann Thayer
Ann Thayer answered on Sep 17, 2021

sorry --misread your question

Yes, if judge has authorized you to go to interviews etc you are good to do that

But if you get a job --you have to go file a motion to amend restricted license to add that to your restricted license...if you just start driving to new job without...
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2 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 15, 2021

You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

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1 Answer | Asked in Construction Law and Contracts for Virginia on
Q: Pool install-can we withhold final pymt until PROJECT completion without penalty? Contract says on concrete completion.

Contract states Final due on concrete Completion but we are getting paver coping instead of concrete. Still a huge piece of the project to be finished. Don’t feel it’s fair to give full payment with a large piece unfinished and unscheduled.

Steven Krieger
Steven Krieger answered on Sep 15, 2021

Contractually, you're likely obligated to make the payment. However, you may be able to renegotiate on your own or with the help of an attorney for different milestones and payments. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: regards to a tenant/landlord case and landlord won't give security deposit back and gave us 72 hours to leave

Okay so my landlord said if we moved he would give us security deposit we did so and they blocked my phone number and sent a cease and desase for harrassment the home was robbed as well because they tried to say we abandoned the home when we did not I’m in need of a lawyer cause at this point I... Read more »

Steven Krieger
Steven Krieger answered on Sep 14, 2021

You're not required to leave in 72 hours. The landlord has to go through the court system to get an eviction. Of course, if you want to leave and you're able to reach an agreement with the landlord then that's your choice, but it's not a requirement. If you decide to hire a... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If I am renting a bedroom for $200 and my boyfriends grandma owns the house can lock that door anytime I am in the room
F. Paul Maloof
F. Paul Maloof answered on Sep 14, 2021

If the tenant has an exclusive right to the room, it may include the locking and unlocking of the door to the room but this would depend on what is stated in the written lease.

1 Answer | Asked in Estate Planning for Virginia on
Q: How do primary beneficiaries of an IRA work? What about secondary beneficiaries?

Wills and Estates

Richard Sternberg
Richard Sternberg answered on Sep 13, 2021

I have seen the terms use incorrectly before, so it is useful to have context, but the usual meaning go a primary beneficiary is the person, persons, or entities that are first in line to receive the proceeds upon the death of the grantor. A secondary or contingent beneficiary takes only if the... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Real estate contract with home inspection contingency addendum, but "for information purposes only"

I have a real estate contract where a buyer submitted an offer to buy my rental property. There is a home inspection contingency addendum, but the offer was written as "for information purposes only". Upon performing the inspection, there are some minor repairs required, and the buyers... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 13, 2021

It depends on what the clause says, doesn’t it? If the clause gave all the possible rights to walk away but the words “for information only” were added, we might say the information was to inform the walking away. If the walking away was eliminated, perhaps the default clause is in effect and... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Are there any limitations on use if funds in an escrow account for rent deposit?

Are there any limitations on use if funds in an escrow account for rent deposit?

F. Paul Maloof
F. Paul Maloof answered on Sep 12, 2021

Funds in an escrow account for a security deposit are allowed to be used for the property damages to the premises at the end of the term of the lease. Those funds are restricted to that extent.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I rent in virginia and my ceilings fell down in the bedrooms the landlord said asbestos was found what can I do

The first ceiling fell not due to water damage, then the second bedroom ceiling fell the next day then we noticed my bedroom sagging. I stayed at my girlfriends house for 20 days so far while the landlord fix it. The workers didn't put down any plastic over my belongings and spread that... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 8, 2021

It sounds like the premises is in an uninhabitable condition. You should contact the Office of Housing Code Enforcement for the city/county in which the premises is located and make a formal complaint. An inspector should be sent to the premises to make an inspection. If the inspector finds... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: What are my legal rights with a detective who claims he'll follow warrants if I don't cooperate and he won't explain why

A detective showed up at my dad's door telling him that I need to get a hold of him by the next day or warrant will be issued. I contacted him via phone he won't tell me why or what or anything he just says he's going to give me an opportunity to cooperate and I don't know what... Read more »

Paula Hough
Paula Hough answered on Sep 7, 2021

You should not talk to the police without a lawyer present! Generally speaking, if the police have enough evidence for a warrant, they will get one, whether you talk to them or not. The police will use the "we'll take out a warrant unless you speak with us" tactic to get you to... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord has sent me notice of non renewal of lease. We have 60 days to vacate. How do I get an extension. I can't f

I can't find a place that will be available before we have to be out.

F. Paul Maloof
F. Paul Maloof answered on Sep 7, 2021

Your issue relates to the rights and obligations under a contract/lease. It is not a consumer rights issue. As a consequence, your rights are contained in the lease and if there is no provision in the lease for the tenant to exercise an extension, it would then depend on a new mutual agreement... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Lunsford v. King 132 Ga. App. 749 (1974) 209 S.E.2d 27 I do not understand the case, please help.

I am trying to brief this case, but I do not understand it. I feel like I am not reading English.

Richard Sternberg
Richard Sternberg answered on Sep 6, 2021

So, you would like us to do your preparation for you? That will surely make you a valuable addition to someone's legal team some day ... if your professors or the bar don't catch up with you first.

Okay, I'm going to help, but not by giving you the answer. The case is short,...
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1 Answer | Asked in DUI / DWI for Virginia on
Q: What happens next

Ok I have a restricted license and asap made me pay them 400 just for a referral to this outpatient treatment. Well I was told twice a week I must attend. The intake lady did my intake and she filled in the answers over video chat. I asked her can I do the one hr class and do 4 weeks. Well she... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 6, 2021

Unfortunately, ASAP has the control here. You are in the position of being at their mercy. Though the program should potentially be tailored to more individual needs as they say they are doing, most people are treated very similar and have to go through the same amount of time for their courses.... Read more »

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