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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If I have Primary custody of my daughter but share legal custody with every other weekend visitation with her mother

Is she allowed to vist her at school every week for lunch?

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answered on Jun 10, 2024

It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More

1 Answer | Asked in Family Law for Virginia on
Q: How do I amend my birthdate on my marriage certificate
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answered on Jun 10, 2024

Virginia code § 20-16.1 authorizes the clerk or deputy clerk of a circuit court of any county or city to amend the record. The process will vary by county, for example Loudon county allows you to schedule an appointment with the clerk, whereas Fairfax county requires you to attend a court hearing... View More

1 Answer | Asked in Criminal Law for Virginia on
Q: In Va what’s the laws regarding a person convicted and is a level 3 offender and has to register being around children

A person who is a level 3 offender and has to be on the sex offender registry their actual charge was murder of a baby under 2yrars old but my question is what is the law in regards to them being around other children?

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answered on Jun 6, 2024

A tier III offender will have lots of restrictions on their contact with children. They cannot have a residence within 500 feet of any daycare, school, or public park. They may also not loiter within 100 feet of any of those places as well as gyms if their purpose was to seek contact with children.... View More

2 Answers | Asked in Criminal Law and Civil Rights for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges
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answered on Jun 6, 2024

There is no statutory requirement that a defendant have their preliminary hearing within a set amount of days. Similarly, there has been no precedent set by any of the Courts regarding the timeline for holding a preliminary hearing. Virginia Code section § 19.2-243 does deal with the amount of... View More

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: Is gun prohibition in a New Jersey restraining order (civil case only) enforced in West Virginia? I'm moving there soon.

I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More

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answered on Jun 6, 2024

This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.

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