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Questions Answered by Matthew Lane Kreitzer
1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My ex took our children and fled the state without notice

My ex and I share legal custody of our children and he has primary physical custody. It's in our court order that we have to give each other 30 days advance written notice before relocating. We also have to notify the courts in Va 30 days in advance. He didn't notify me and told me he was... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 8, 2018

The first thing you need to do is hire a lawyer to file the appropriate paperwork to expedite this matter so the Court can enter the appropriate orders.

1 Answer | Asked in Family Law and Estate Planning for Virginia on
Q: How do I get control of spouses financeswho I think has dementia? We been separated (not on paper & not legally) 14 mos

HE ISN'T MAKING HOUSE PMTS., PAYING BILLS ETC.. WE HAVE OVER $90,000 IN EQUITY. HE DRAWS RAILROAD DISABILITY & RETIREMENT. WE ALSO HAVE A 17 YEAR OLD DAUGHTER. HE HAS NO ONE ELSE TO CARE FOR HIM.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 7, 2018

Typically through a request for the appointment of a Guardian or Conservator. For more information, find an attorney who handles such matters.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Landlord rec'd rent late, cashed the check- later sent by mail a notice of vio lease w/late fee to be pd by 5 days/term

Last mth landlord rec'd rent late, cashed the check & then mailed a notice of violation 12/18 of lease demanding any associated late fees be paid by five days or be subject to lease term and a filed against me civil court-warrant in debt. I did not intentionally pay rent late, believed... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 6, 2018

You need to contact your local Legal Aid to discuss what steps you need to take if you intend to stay in the residence.

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1 Answer | Asked in Child Custody for Virginia on
Q: What happens if you file the petition and child's father doesn't show to court and is out of state?

married.

child is 2.

child is with mother full time.

father is out of state.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 6, 2018

It largely depends on whether you have proper service, the type of petition you have filed, and which judge you have. Any one of those three things can impact how the court will likely proceed. A lawyer would need to talk through your full case before giving you a better idea of what to expect.

2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: What court do you file if they want to sue for 100k without a lawyer for car accident ?

Can a person file a lawsuit now and hire a lawyer later ? If there are some reasons , they cant find a lawyer now, can they file and hire someone to help after that ? The courts said you dont need a lawyer to file. Is that true ? Thanks so much for all your help.

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

The lawsuit would typically be brought in Circuit Court. While it is true you don't have to have a lawyer by law to file, personal injury is complicated, and it even takes an experienced personal injury attorney to adequately present your case if you want to have any chance of being successful.

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1 Answer | Asked in Child Support for Virginia on
Q: Since 2007, I have paid $280/mo for child support. My son is now 15 and no longer requires daycare or after school care.

In 2007, ex wife made 75k per year. She now makes 100k per year. My income is still the same, 50k per year. How much should I be paying for child support based on the revised 2018 income (vs. 2007)? Shared custody, my custody is approx 165 - 180 days per year.

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

Based upon the information you have provided, you certainly may be entitled to amend child support. The first step you should take is to consult a family law attorney. Give one a call, discuss your case, and figure out whether hiring a lawyer is best for you.

1 Answer | Asked in Divorce for Virginia on
Q: my husband left 6 months ago and i want to file for divorce we were married in AR and i never sent the marriage lic back

are we legally married and do i have to file for divorce

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

Yes, you are married. Yes, you have to file for divorce. Your next step should be to search for a divorce lawyer in your area and contact that lawyer for a consultation.

3 Answers | Asked in Personal Injury for Virginia on
Q: I accidentally tripped on MGM property, now I have a knee injury, can I do a lawsuit?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 4, 2018

That would depend on several dozen facts that are present in your question. Your first step should be a consultation with a lawyer to determine what steps need to be taken based on your unique case to protect your interests. Schedule a consult soon.

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1 Answer | Asked in Traffic Tickets for Virginia on
Q: i am licensed in ohio and received a speeding ticket in virginia. can i pay extra to the fine to dismiss it? options?

got a speeding ticket in virginia in Bland, 82 in a 70. can i pay extra to the fine and get it deffered or can i get it dismissed somehow?

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

There may be several options available to you such as amending the charge to a different charge. However, you should hire a lawyer in Virginia, as the speed you were charged at is a criminal offense in Virginia. Call a lawyer soon.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: A person was assigned my lease 3 years ago & is now threatening to sue me for the security deposit I asked be returned

I stayed in the house one week into the lease and credited her the rent amount from the deposit. Now she has moved, agreed not to receive the deposit back from the landlord, and wants to sue me, saying I "fraudulently obtained" a deposit from her. She cannot produce the check she gave... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 2, 2018

Worst case scenario; you are on the hook for the value of the security deposit and fees and costs associated with the lawsuit. If you have been sued, get a lawyer.

1 Answer | Asked in Child Support for Virginia on
Q: Can non-custodial parent claim kids med bills on bankruptcy, he is responsible for 100% of out of pocket med expenses?

He claimed dentist and daughters thyroid doctor on bankruptcy. Now neither will see the girls again.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 2, 2018

Not if it was ordered as part of the divorce proceedings. If they have done so, consult with a bankruptcy lawyer to determine what steps need to be taken.

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I get into a traffic accident while driving on a revoked license without insurance in Virgina what will happen to me

Also while on probation

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 2, 2018

Potentially jail. Don't do it. If you did do it already, talk to a lawyer.

1 Answer | Asked in Adoption for Virginia on
Q: what do i have to do to adopt my girlfriends son his biological father never signed birth certificate

biological father got her pregnant then went to jail hes seen his son once since he was born 3 years ago and ive been with her since she was 3 months pregnant

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

Since the biological father is in jail this process is likely to be long and complicated. Biological father is entitled to have a Guardian ad Litem appointed to represent his interests if he is in jail on a felony. Additionally, it will be a contested hearing whereby you will have to overcome a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: What is Virginia's law on family owned property. One sibling lives in the home & is not allowing the others in.

Sibling has taken out warrants, protective orders against other siblings as a way of keeping them off the property. Family has attempted to file something with the courts. Have been told only an attorney can do that. What action can the family taken.

Parents are deceased and there are... View More

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

Depends entirely on how the property is owned and any number of other facts not present. A lawyer would want to schedule a consultation with you to discuss your case in full detail to determine what steps can be taken to safeguard the property and everyone's rights.

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: What to expect at a GAL hearing

I already filed a petition for visitation and the guardian ad litem did my home review this will be separate from The Trial correct

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

It may or may not be a trial. There are any other number of things it could be including a "GAL review." Without reviewing your court documents, a lawyer cannot answer your question. My advice is to contact a lawyer immediately and schedule a review of your documentations to better... View More

1 Answer | Asked in Child Custody for Virginia on
Q: mediation determined that the courts be notified of a move 30 days prior to move & this does not happen what can happen?

Mom of step son is moving AGAIN and has failed not notify the courts of the move as of now. What happens if she fails to notify. Is it just a slap on the wrist?

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

Depends entirely on your local judge. Some take great offense with failure to notify. Others do not care. What you need to do is consult with a lawyer who is local about the possible outcomes of your case.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Tenant stopped paying and living elsewhere past 2 months; said he'd hand over key but hasn't yet. What do I do next?

In May, here in VA, I had a no lease tenant rent a room in my home, temporarily, while he waits for his divorce to go to trial. In the meantime, he quit paying rent, then started living with his girlfriend in October. He came back several times in November to pick up belongings. During his last... View More

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

Do not remove his property without first having scheduled a consultation with a lawyer to discuss your rights. There are certain steps that need to be taken to safe guard the property even if he has properly vacated the property. Virginia law requires very specific steps to be taken in order to not... View More

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2 Answers | Asked in Child Custody and Family Law for Virginia on
Q: I was wondering if someone could enlighten me on exactly what it means for me to only have legal custody of my child?

Does this mean that I do have a say in the doctors she sees or the schools she goes too, or even the people she's around?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 30, 2017

There are two types of custody in virginia; physical and legal. Physical refers to where the child resides and spending time with the child. Legal refers to decision making for things like medical, schooling, etc. It gives you a say in these big life choices. If you want a lawyer to review your... View More

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1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Can an absent father get custody?

Son is 22 months. Dad pays child support but has made no contact for a year and a half. He saw him off and on until my son was four months and after child support was ordered, he disappeared. Can he get joint custody? Also, if visitation is granted, will he get overnight visits?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 28, 2017

Can he? Yes. Will he? That depends largely on the judge you have and the facts of your case. Any lawyer would need to discuss your case for about 30 minutes to an hour to determine the likely outcome. Take some time to schedule a consultation with a lawyer so they can ask you a series of questions... View More

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord rent a basement of a house that only has one access which would be a door and no windows?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 28, 2017

That would largely depend on where in Virginia you are. While there aren't that many habitability limits by statute, there are ordinances, and Virginia likes our ordinances. Consult a local lawyer.

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