Questions Answered by Matthew Lane Kreitzer

Q: My baby is nine months old his father sells drugs and prior convictions pwid and court ordered anger management domest

1 Answer | Asked in Family Law for Virginia on
Answered on Apr 1, 2018
Matthew Lane Kreitzer's answer
Insufficient information to determine what the likely outcome will be. What you need to do is schedule a consultation with a local child custody lawyer to discuss every fact available. Custody decisions are made on single facts alone. The lawyer will have several questions for you to determine your likelihood of success and what type of visitation, if any, would be given.

Q: I have a woman who was supposed to move in & there is no lease or any written agreement on anything.

1 Answer | Asked in Uncategorized for Virginia on
Answered on Apr 1, 2018
Matthew Lane Kreitzer's answer
You should, under no circumstances, remove her property from the home until after going through proper eviction procedures. You should locate a landlord/tenant attorney in your local area to discuss what notices have to be given and what length of time you need to wait before eviction proceedings.

Q: MY EX LIVING GIRLFRIEND MOVE OUT WITH MY SON NOW SHE WONT LET ME SEE HIM WITH OUT A CAUSE SHE IS NOT LEGAL IN THE US??

1 Answer | Asked in Child Custody for Virginia on
Answered on Apr 1, 2018
Matthew Lane Kreitzer's answer
You can hire a lawyer to file a custody petition with your local court before the child has been away for a significant period of time. Consult a lawyer soon.

Q: Is a child support agreement signed and notorized binding?

1 Answer | Asked in Child Support for Virginia on
Answered on Mar 3, 2018
Matthew Lane Kreitzer's answer
It will ultimately be up to the judge whether to enforce the agreement or not. If such a case is brought, immediately obtain a lawyer to represent you in this matter.

Q: Is it a crime to threaten to burn someone’s personal property

2 Answers | Asked in Criminal Law for Virginia on
Answered on Mar 3, 2018
Matthew Lane Kreitzer's answer
If you feel like you have been the victim of a severe threat (at any point), report it to the magistrate. They will be the one to decide whether the threat is sufficient enough to warrant further action.

Q: I didn't do the proper paperwork to file a motion to quash a subpoena. At the hearing, the judge suggested a continuance

1 Answer | Asked in Gov & Administrative Law for Virginia on
Answered on Feb 12, 2018
Matthew Lane Kreitzer's answer
That would largely depend on the judge, but most judges would allow you to cooperate with the opposing side if you decide to. Whether it is a good idea in your particular case is best discussed with a confidential consultation with a lawyer to determine the pros and cons associated with your course of action.

Q: Will bank release detailed bank records to administrator of an estate?

1 Answer | Asked in Estate Planning for Virginia on
Answered on Feb 12, 2018
Matthew Lane Kreitzer's answer
There are several situations in which the administrator can compel the production of bank records. There is insufficient information to determine the purpose of doing so, and whether it is allowed under the law. If you are concerned about this process, you should speak with a lawyer to discuss in more, confidential detail.

Q: can a funeral director hold your loved one hostage for payment when you are paying on it

2 Answers | Asked in Consumer Law, Probate and Wrongful Death for Virginia on
Answered on Feb 11, 2018
Matthew Lane Kreitzer's answer
There are certain limitations on how a funeral home may dispose of a body or handle the requests of the deceased's next of kin. If you feel you are being mislead or mistreated, you should speak with a local attorney as soon as possible to review the facts of your case in more detail and what steps can be taken next.

Q: A friend has a daughter, his ex will keep his lil 1 away from him for dating other people when they arent together.

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Answered on Feb 5, 2018
Matthew Lane Kreitzer's answer
Cohabitation is frowned upon for custody and visitation purposes. If father has a girlfriend, father should either marry girlfriend or not have her around the kids.

Q: Started adoption process for private adoption. Been searching for 4 years for the birth mother to go to court. How long

1 Answer | Asked in Adoption for Virginia on
Answered on Feb 5, 2018
Matthew Lane Kreitzer's answer
Locating a new lawyer may be in order, as there are certainly methods for locating a birth mother that a lawyer can utilize known as "skip tracing." Find a lawyer who knows the term and how it works.

Q: I had a baby 3 months ago, I claimed her. But I also pay child support for my other two who don't live with me.

1 Answer | Asked in Child Support for Virginia on
Answered on Feb 4, 2018
Matthew Lane Kreitzer's answer
It sounds as though you are wondering how much of your tax refund is going to be taken and what it will be used for. In order to determine that information, you need to schedule a consultation with a lawyer so they can review your child support order and ask a series of questions.

Q: Will i be able to get full custody?

1 Answer | Asked in Child Custody and Family Law for Virginia on
Answered on Feb 4, 2018
Matthew Lane Kreitzer's answer
There are several questions that a lawyer would have before being able to answer your question including, but not limited to, who the donor for the child was, whether there was any contract entered into between the parties, and whether there was a court involved with her grandmother. There is not enough information to answer your question. Seek out an attorney consultation. The attorney will need to ask you several questions to determine how to protect your interests.

Q: Is there any legal help to prevent my grandmother from going to the nursing home. I can care for her, family says no.

1 Answer | Asked in Elder Law for Virginia on
Answered on Feb 3, 2018
Matthew Lane Kreitzer's answer
Yes, the process is known as a guardianship petition. Consult a local guardianship attorney for help.

Q: My boyfriend "has a son" whom he thinks is his. But he's been told by the mother that he is not the father

1 Answer | Asked in Divorce and Child Support for Virginia on
Answered on Feb 3, 2018
Matthew Lane Kreitzer's answer
If boyfriend takes a DNA test and there is a petition with the court for paternity, then yes, he could pay child support.

Q: If I turn off MY credit card that my husband uses, before being legally separated, is that financial abuse.

2 Answers | Asked in Divorce and Family Law for Virginia on
Answered on Feb 3, 2018
Matthew Lane Kreitzer's answer
Financial abuse, no. Marital waste? Yes. Will it harm your divorce? Yes. Consult a lawyer before taking any action.

Q: Can I claim my children on my taxes being that I pay 100% of the child support that should be shared between parents?

1 Answer | Asked in Tax Law for Virginia on
Answered on Jan 25, 2018
Matthew Lane Kreitzer's answer
There are limitations the IRS has placed on the ability to claim a child as a tax dependent. This is information that you can obtain by speaking with a CPA.

Q: I was incarcerated for contempt of court for child support without representation of a attorney, is this legal?

1 Answer | Asked in Child Support for Virginia on
Answered on Jan 25, 2018
Matthew Lane Kreitzer's answer
Based upon the limited information, you may have several grounds for appeal. Make sure you you file your appeals in a timely manner and speak with a lawyer.

Q: My father passed away in May 2017 and my two brothers and I inherited his home. The insurance policy is in dads name but

1 Answer | Asked in Estate Planning and Insurance Bad Faith for Virginia on
Answered on Jan 25, 2018
Matthew Lane Kreitzer's answer
Depending on the value of the home, whether there was a mortgage on the home, and how the home was transferred there is a strong probability that additional steps must be taken to manage the home and not have any adverse consequences down the line. You should schedule a meeting with a Probate Lawyer.

Q: If the judge grants a split between parents for tax return with 2 kids. What Can be done if a parent files for both.

2 Answers | Asked in Child Custody, Child Support and Tax Law for Virginia on
Answered on Jan 21, 2018
Matthew Lane Kreitzer's answer
Unless it is in a court order, it is hard to enforce such provisions. If the judge forgot to put it in a court order, this can typically be corrected with the proper motion. To file such motion, hire a lawyer.

Q: how do I give my fiance parental rights to my son?

1 Answer | Asked in Adoption and Juvenile Law for Virginia on
Answered on Jan 20, 2018
Matthew Lane Kreitzer's answer
Adoption. The most preferred method would be an agreed step parent adoption. Biological father is entitled ot notice, and if biological father does not agree, you will need to have a child and prove that termination is in the child's best interest. These are hard cases, and mere abandonment rarely rises to a significant level if the biological father wants to resume a relationship.

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