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Questions Answered by Matthew Lane Kreitzer
1 Answer | Asked in Family Law for Virginia on
Q: My baby is nine months old his father sells drugs and prior convictions pwid and court ordered anger management domest

Violence convictions with his other son being present at the time he wants visitation . These factors are concerning to me , he lives with the woman that he assisted will he win visitation . He does not have a job . What are his chances of getting visitation

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 1, 2018

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... View More

1 Answer | Asked in Uncategorized for Virginia on
Q: I have a woman who was supposed to move in & there is no lease or any written agreement on anything.

I decided that I do not want her to live here anymore, she does not sleep, shower, get mail, or reside here and no money has been paid. I asked her to get her stuff out when I am available to be there, but she keeps saying that she will get when she has the time. She has also blocked any way for me... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 1, 2018

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.

1 Answer | Asked in Child Custody for Virginia on
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??

AGAIN SHE LEFT AND NOW SHE WONT LET ME SPEND TIME WITH MY KID SHE HAS NO LEGAL STATUS HERE IN THE USA

SHE SOME TIME HAS SAID SHE WILL DISAPPEAR WITH MY SON WHAT CAN I DO?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 1, 2018

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.

1 Answer | Asked in Child Support for Virginia on
Q: Is a child support agreement signed and notorized binding?

My ex was ordered to pay support through Fairfax county va, we came to an agreement outside the court and closed my case with DCSE. It stated he could pay me lump of $4000 and continue paying $400 a month ect... but that if he didn't pay or if circumstances changed it could be revisited. He... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Mar 3, 2018

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.

2 Answers | Asked in Criminal Law for Virginia on
Q: Is it a crime to threaten to burn someone’s personal property

Ex left a message threatening to burn my property

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Mar 3, 2018

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.

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1 Answer | Asked in Gov & Administrative Law for Virginia on
Q: I didn't do the proper paperwork to file a motion to quash a subpoena. At the hearing, the judge suggested a continuance

I signed the order, which said that I would file the motion that day, but I have changed my mind, and don't want to quash the subpoena. So I didn't file the motion. Is that ok? The subpoena was for medical records, and I plan to send them to the attorney.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 12, 2018

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... View More

1 Answer | Asked in Estate Planning for Virginia on
Q: Will bank release detailed bank records to administrator of an estate?

My mom and I had a joint savings account and I had closed it prior to my mom’s passing. The account was established in 2005 and had right of survivorship. There was nothing to probate but my brother had himself appointed as administrator and wants access to her bank statements. I’ve paid all... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 12, 2018

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... View More

2 Answers | Asked in Consumer Law, Probate and Wrongful Death for Virginia on
Q: can a funeral director hold your loved one hostage for payment when you are paying on it

the funeral home is holding remains hostage until its paid but they did not tell us he would not be creamated until it was paid and its been almost 2 months

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 11, 2018

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... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: A friend has a daughter, his ex will keep his lil 1 away from him for dating other people when they arent together.

His not even allowed to have friends over when she’s there. His an amazing dad and she is using their daughter to keep him from being in a relationship. Can’t he do something?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 5, 2018

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.

1 Answer | Asked in Adoption for Virginia on
Q: Started adoption process for private adoption. Been searching for 4 years for the birth mother to go to court. How long

Wife and I entered into an adoption agreement with birth mother. We got him at 6 days old. After a week the mother wanted baby back. We took it to lawyers office and he sent us to CPS. The social worker told us under no circumstances are we to give the child back. There are possibilities the child... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 5, 2018

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.

1 Answer | Asked in Child Support for Virginia on
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.

Will Child Support take my whole refund even for my newborn or will I get some of it for her

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 4, 2018

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.

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Will i be able to get full custody?

My wife and i got married in NY before gay marry was legal in Va. Right after we got married she gave birth to our son. To do some legal things that happened custody of him was split between her and her mother. We have been separated for about two years now (not legally), in tgat time ivbeen trying... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 4, 2018

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... View More

1 Answer | Asked in Elder Law for Virginia on
Q: Is there any legal help to prevent my grandmother from going to the nursing home. I can care for her, family says no.

My grandmother has Alzheimer's and my uncle is talking about putting her in a home. She currently lives with my mom and he does not care for her. I f this happens is there any legal help for me to take over care for her to prevent her from going into a home? Due to my husbands military I am in... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 3, 2018

Yes, the process is known as a guardianship petition. Consult a local guardianship attorney for help.

1 Answer | Asked in Divorce and Child Support for Virginia on
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

and he in fact isn't on the birth certificate. He hasn't seen the boy who is now going on 3 years old but only four days for his life. If he were to get a DNA test is he going to be put on child support?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 3, 2018

If boyfriend takes a DNA test and there is a petition with the court for paternity, then yes, he could pay child support.

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: If I turn off MY credit card that my husband uses, before being legally separated, is that financial abuse.

I am the primary breadwinner. All finances, including a house and two cars, are in my name. My husband uses my credit card when he's between jobs, but he's now always between jobs or perhaps lying about being paid. He has terrible credit and can't get a card or loan on his own. He... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 3, 2018

Financial abuse, no. Marital waste? Yes. Will it harm your divorce? Yes. Consult a lawyer before taking any action.

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1 Answer | Asked in Tax Law for Virginia on
Q: Can I claim my children on my taxes being that I pay 100% of the child support that should be shared between parents?

She lives in FL and I reside in Va she doesn't work, but somehow wants to claim my 2 children, she also is married and has 2 other children which the husband claims, Is there anything I can do to make this fair since she refuses to let me claim any of them?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 25, 2018

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.

1 Answer | Asked in Child Support for Virginia on
Q: I was incarcerated for contempt of court for child support without representation of a attorney, is this legal?

The judge appointed me a court appointed attorney but he didn't represent me and was not in court with me when the judge found me in contempt and incarcerated me for 12 months.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 25, 2018

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.

1 Answer | Asked in Estate Planning and Insurance Bad Faith for Virginia on
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

house is in my name and my brothers' names. We've been paying the homeowners insurance policy premium. How long is the insurance policy good for? Does it need to be in our names in case something happens?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 25, 2018

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... View More

2 Answers | Asked in Child Custody, Child Support and Tax Law for Virginia on
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.

The judge said this verbally, and didnt document the decision.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 21, 2018

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.

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1 Answer | Asked in Adoption and Juvenile Law for Virginia on
Q: how do I give my fiance parental rights to my son?

my son's biological father isn't listed on BC and hasn't been involved with me since before my son was born

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 20, 2018

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... View More

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