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Questions Answered by Kellam T. Parks
1 Answer | Asked in Family Law for Virginia on
Q: 6 years ago my husband left for another woman. The marital house is only in my name always has been and on the dead.

I am taking care of the house for 6 years but in May the house burnt down. Insurance is taking care of the rebuild and it will be worth a lot more. Is he still entitled to have the equity in the house.

Kellam T. Parks
Kellam T. Parks answered on Oct 6, 2021

This is a complicated question because, in Virginia, there is the concept of “Separate Property,” “Marital Property,” or “Hybrid Property.” Generally speaking, any property owned or debts owed before the marriage are the separate parties’, anything during the marriage is marital (and... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: Can I freeze my husband's assets during our marriage? He always threaten to sell everything and our kids and I will have
Kellam T. Parks
Kellam T. Parks answered on Oct 6, 2021

This is a complicated question because, in Virginia, there is the concept of “Separate Property,” “Marital Property,” or “Hybrid Property.” Generally speaking, any property owned or debts owed before the marriage are the separate parties’, anything during the marriage is marital (and... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: So the EX filed an order to modify visitation there is no court date yet should I wait? Do I submit an answer?
Kellam T. Parks
Kellam T. Parks answered on Oct 6, 2021

If this is in Virginia and the motion to modify is in Juvenile and Domestic Relations Court, there is no answer to be filed. The courts generally set a first return date where the parties appear, often times a Guardian ad Litem is appointed for the child(ren), and a trial date is chosen. Sometimes... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: If a 18 year old and her two 13 year old siblings are in a abusive household with their mother

(without the mother's knowledge) Can she take drive them in her car to their father's house so that they can all live together with a non abusive parent? Will the 18 year old face any kidnapping charges? Do the children have to show proof of the abuse?

Kellam T. Parks
Kellam T. Parks answered on Oct 6, 2021

If there is no court ordered custody/visitation, then both parents have equal rights to the children and the two 13-yr. olds can live with their father. We also suggest that communication ensure and a petition for custody be filed (with a request for an expedited or even an emergency hearing if... Read more »

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