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Questions Answered by Beth M McCord Paleos
1 Answer | Asked in Divorce for Virginia on
Q: My x-husband will not give me a copy of my divorce papers and is trying to make me pay $200 to get them is this illegal?
Beth M McCord Paleos
Beth M McCord Paleos
answered on Feb 23, 2011

Your ex is not required to provide you with a copy. You can request a certified copy of your divorce papers directly from the court where you were divorced for a few dollars.

2 Answers | Asked in Family Law for Virginia on
Q: What can i do, if my girlfriend, who just had my baby, wont let me see the child without her familys supervision?
Beth M McCord Paleos
Beth M McCord Paleos
answered on Feb 8, 2011

You could obtain custody and/or visitation rights by filing a Petition for Custody and a Petition for Visitation in the Juvenile and Domestic Relations Court. While waiting for your court date, you may be able to work with the mother to obtain some form of agreed-upon visitation with your baby.... Read more »

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1 Answer | Asked in Family Law for Virginia on
Q: I currently have joint custody from an agreement signed by me and my ex wife, she is now trying to leave the state.

I am wondering if she needs to get permission from me before moving to a different start.

Beth M McCord Paleos
Beth M McCord Paleos
answered on Feb 1, 2011

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 relocate the child out of state or beyond a... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: Can a child age 5 be questioned without a parent present?
Beth M McCord Paleos
Beth M McCord Paleos
answered on Feb 1, 2011

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 Divorce for Virginia on
Q: My children live in Virginia Beach, I live in Dubai. Can my ex be liable for half of the travel expense?
Beth M McCord Paleos
Beth M McCord Paleos
answered on Jan 31, 2011

Only if a court has already ordered the other parent to do so. Whether or not you can convince a judge to order the other parent to pay a share of travel costs for child visitation will depend on your relative financial abilities and the reason that you live so far away, and possbily other... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: I live in VA. I am seeking spousal support. My husband is $35,000.00 in debt., will that have an effect on my award?

My lawyer said that only income is considered, by a formula used to find the appropriate amount...but I have read online that "relevant evidence relating to the parties current financial circumstances could indicate the presumptive amount is inappropriate" I have been married 40 years. Thank you

Beth M McCord Paleos
Beth M McCord Paleos
answered on Jan 31, 2011

Yes, if your husband is required to make payments on that debt, the judge may take it into account in calculating a spousal support amount. Once the court has determined whether you are eligible to receive spousal support (you may not be eligible if fault-based grounds for divorce exist against... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: I have just been awarded sole custody of my child with no visitation being set with the courts. what does this mean?
Beth M McCord Paleos
Beth M McCord Paleos
answered on Jan 30, 2011

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 the other parent to visit the...
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