The landlord is on my side, but how do I legally get him to move out, since he won’t leave on his own. We also have an almost 2 yr old daughter and I want to have full custody of her. He is a convicted felon x2 and on probation.
answered on May 16, 2020
I regret that I do not handle domestic relations or child custody matters. Sorry. If you and the faster of the child are both on the lease, the landlord will have to proceed in Court to ask the Court enter an order for possession against him. You need to work with the landlord on that issue. It... View More 
answered on May 8, 2020
The different worksheets would have been (i) sole/joint and (ii) shared. There could also be split where some children reside with one parent, and the rest with the other parent.
If both parents have custody more than 90 days, then the shared worksheet is used.
Otherwise, use the... View More
answered on Apr 27, 2020
Your girlfriend can move wherever she wants. The courts only have authority to decide where children live.
If the child is unborn, there is no custody order possible.
If custody does become an issue, then the UCCJEA will dictate that the court in the jurisdiction where the child has... View More
It’s almost been 1 year and I was ready to file in VA but I’m reading MD is better for child support. Is this correct?
answered on Apr 24, 2020
Your choice of court is not determined by gained benefit but rather jurisdiction.
If you live in Va for six months, you can file for divorce only, i.e., terminate the marriage, but nothing more.
If you want to do property, financial, money matters, etc., you need personal... View More
I live in the VA/DC area and my children live in Wisconsin. The divorce hearing was in Wisconsin over 2 years ago and I feel that gaining placement and custody would be in the best interest of my 3 children due to the custodial parent denying my placement 3 times now. She has also been feeding my... View More
answered on Apr 16, 2020
You could retain a local lawyer to represent you in Wisconsin. However, that lawyer would either have to be also barred/licensed in Wisconsin, or be admitted pro hac vice, i.e., sponsored by a Wisconsin lawyer for temporary practice in Wisconsin.
Also, keep in mind that it will be expensive... View More
A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will
answered on Mar 26, 2020
At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.
The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.
My daughter just turned 18 and recently moved out of her mothers house and asked to live with me. Am i still obligated to pay child support to her mother? If so, what do I need to do to modify support arrangements?
answered on Mar 16, 2020
Your child support order from the court should indicate the cut-off time frame for when you can stop paying child support. If the support order says that you pay until she turns 18, then the obligation has ended. If you find the child support order, and it does not have a limit to your daughter... View More
Child’s father lives in another state. Has two other kids he flaunts and takes care of but does not do anything for our daughter even when we were living in the same city. His name is not on her birth certificate. Husband has been taking care of my daughter for almost her whole life.
answered on Dec 18, 2019
Va. Code § 8.01-217. How name of person may be changed.
A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such... View More
answered on Dec 5, 2019
An order would only need to be signed by a judge, and they are not typically notarized.
Agreements between parents are usually notarized, though they need not be as long as it is a signed writing, and enforceable as provided in the agreement.
Can father get emergency custody after mother has had child for 13years and been to court twice and remains custodial parent
answered on Oct 30, 2019
The court views "emergency" as a life or death situation, not someone not wanting to wait their turn.
File a petition to modify custody, and file an emergency motion. The court clerk and/or judge will review them to see if an emergency exists. If so, the court will docket a... View More
Custody juvenile court?
answered on Oct 30, 2019
Are you changing venue as in moving from one county in Va. to another county? Or, are you changing to a new state?
If moving county to county, then Va. Code § 16.1-243(B) applies. "2. Custody and visitation: In custody and visitation cases, if venue lies in one of several cities or... View More
Father have to pay child support
answered on Sep 23, 2019
It depends. The calculations must be run for each situation.
When each parent has at least 90 days custody of a child in Virginia, the shared custody and sole custody child support worksheet calculations are used, with the lesser amount being the presumptively correct amount of child... View More
What should I do if mother of my child is keeping from me and won’t give me her current address I can’t file for custody or do any other paperwork without her address I’m scared she is gonna move far she is already keeping my child from seeing me
answered on Sep 16, 2019
Every custody order in Virginia has a change of address provision.
Va. Code § 20-124.5. Notification of relocation.
In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days'... View More
They went into foster care for 5 days were physically abused . They have been taken from the only family that they have ever known .they are traumatized this is all bcuz i am a convicted felon of 15 years ago there is so much to this. I can peove ur all i need help to get them back home where... View More
answered on Jun 12, 2019
I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.
Mother requested sole custody of our 17 year old daughter and I reluctantly agreed.
answered on Jun 3, 2019
Yes. Child support is payable until age 18 years.
"The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving... View More
My daughter lives with me she only sees her dad on his days off from work however he's claimed her on taxes the last 4 years. He refuses to let me claim her. He doesnt give me any of the money for her expenses. How can I keep him from being able to claim her!!
answered on May 21, 2019
The IRS does not allow both parents to claim an exemption for the same child. Your child custody agreement should tell both of you who is entitled to claim your daughter; some parents rotate each year; others allow one or the other to claim the child. If you have some written proof that you earned... View More
My daughters father claims he keeps our daughter 75% of the time however I feel like he doesnt. He keeps her on his days off which is 2 days out of the week and every other weekend. When he gets vacation he get close to a month off and he will keep her but that's it. Here recently the past 6-7... View More
answered on May 20, 2019
Va. Code § 20-108.2(G)(3) "(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the... View More
I have sole physical & legal custody, visitation reserved to father, at mother’s discretion, since 2017. My child father attacked me when he dropped her off to my home, after having her for the weekend. DV has been an ongoing issue for years, and my daughter show signs to be traumatized. So I... View More
answered on Mar 9, 2019
I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.
Her mother kept her from me and I still try to pay my child support. She moved out of state and I don’t know what to do. I want to see my daughter and get to know her. I’ve called her mother phone but after she figure out it’s me calling she hang up and don’t answer again. She’s married... View More
answered on Feb 20, 2019
Child support is an entirely separate matter from custody/visitation. Neither is dependent on the other.
File a petition for custody/visitation in the local court where your daughter resides.
In va, if the child is over 18, and I have arrears that was with the child support. Once the child support is corrected because he is over 18 can the arrears be reduced weekly to a more realistic amount, I have had some changes since my last modification, I am now married, my wife has had 3... View More
answered on Feb 14, 2019
Va. Code § 20-124.2, "C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700. The court shall also order... View More
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