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Questions Answered by Sharon R. Moss

1 Answer | Asked in Child Custody for Virginia on

Q: Being awarded physical custody can the parent with less custody take the child and not return them after agreed time?

I have primary physical custody we both have joint legal custody. I’m worried the parent will take our child and not return them after our agreed upon period. Are they able to do that? The custody agreement says I have “primary physical custody with reasonable and liberal visitation as the... Read more »

Sharon R. Moss answered on Dec 4, 2018

Since the order grants liberal visitation as the parties agree, if the non-custodial parent takes the child and does not return the child at the time that was agreed to by the parties, then they would be in violation of the court order. You should always make sure that the agreed upon times are in... Read more »

1 Answer | Asked in Child Custody for Virginia on

Q: who all is present during a child custody court case?

Sharon R. Moss answered on Dec 3, 2018

Both parties, their attorneys, if they have one, a Guardian ad litem, if one was appointed, and any witnesses that each party wishes to call. The Judge and a courtroom deputy. Possibly a court reporter.

2 Answers | Asked in Child Custody for Virginia on

Q: My custody order States that my sons father has visitation from 2 PM Christmas day until 6 PM Jan.1

The father has visitation every other week from 6PM Sunday until Wednesday at 6pm. It just so happens that his regular weekend starts the 23rd of December. Will I be breaking the custody order not allowing him to get my son until Christmas Day at 2pm?

Sharon R. Moss answered on Nov 27, 2018

It depends on what the Order states with regard to your holiday visitation time. Also, does it state that the holiday visitation supersedes the regular visitation. More information regarding what the order says is needed to be able to answer this question.

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1 Answer | Asked in Divorce for Virginia on

Q: My ex husband filed a divorce against my knowledge and lied about my whereabouts. Is there anyway I can find out what

Court this took place in so that i can have a copy?

Sharon R. Moss answered on Nov 12, 2018

Under Virginia code he should have filed the Complaint for Divorce in the court in the county/city that you last lived together in Virginia.

1 Answer | Asked in Family Law and Child Custody for Virginia on

Q: Does my wife's attorney have to communicate with me if I am acting as my own counsel?

I am acting as my attorney and some issues have arisen regarding my minor child. I wrote a very specific series of questions to my wife's attorney but he never responded. Does he have to consider me to be OC in this matter and communicate with me?

Sharon R. Moss answered on Nov 2, 2018

If you do not have an attorney of record, then you should be treated as opposing counsel in the matter.

1 Answer | Asked in Estate Planning for Virginia on

Q: Dad passes his life insurance company is writing the check to his wife that he hasn't lived with for over 15 years.

Dad passes his life insurance company is writing the check to his wife that he hasn't lived with for over 15 years i have lived with him my whole life. Will they do the same with his 401k pension plan and all of his investments since he has no will or beneficiaries. I am not her biological child... Read more »

Sharon R. Moss answered on Oct 23, 2018

For life insurance policies, 401k accounts, IRA, and some investment accounts, your father would have been asked to provide a beneficiary on the paperwork he filled out to open them. Whoever he listed as a beneficiary is who will receive those funds.

In Virginia, if a person dies without a...
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1 Answer | Asked in Child Support for Virginia on

Q: My ex-spouse was ordered to pay child support for my two children of 682.00 monthly. My son will be 18 in June.

so what will the new child support payment be for my other child?

Sharon R. Moss answered on Oct 22, 2018

Child support is calculated based on each parents gross monthly income, cost of health insurance for the children, and cost of any work related child care, so these numbers would be necessary to determine the amount of guideline child support.

1 Answer | Asked in Adoption and Child Custody for Virginia on

Q: My nephew is under the care of his great grandparents. I want to petition for custody

Both great grandparents have multiple medical issues. My nephew's father resides in the home, has multiple drug and assault charges, and has child neglect charges on the child. My nephew's father's brother also resides in the home, and was driving the vehicle resulting in my nephew's mother's... Read more »

Sharon R. Moss answered on Oct 22, 2018

As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.

1 Answer | Asked in Divorce for Virginia on

Q: Can a family law judge make my husband testify under oath whether we cheated on me?

Sharon R. Moss answered on Oct 19, 2018

In Virginia adultery is still a crime, so your husband would have the right to assert his 5th amendment privilege against self-incrimination. A judge could not make him state whether or not he committed adultery.

1 Answer | Asked in Child Support for Virginia on

Q: VA sent a letter telling me to pay until they are 20 is this legal?

My children who are under foster care through the state turned 18 this month and I received a letter stating I will continue to pay until 2020 June 1st when they are estimated to graduate

Sharon R. Moss answered on Oct 15, 2018

The Virginia child support statute provides that support will continue to be paid for any child over the age of 18 who is a full-time high school student, until such child reaches the age of 19 or graduates from high school, whichever occurs first.

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

Q: Can the custodial parent demand that I pay half of all kids medical bills if it’s not in the child support order?

Also if I have moved from Stafford to Loudoun County can I petition the court for custodial parent to meet half way on visitation drop offs, pick ups etcetera?

Sharon R. Moss answered on Oct 11, 2018

Virginia Code section 20-108.2 states that "any child support order shall provide that the parents pay in proportion to their gross incomes, as used for calculating the monthly support obligation, any reasonable and necessary unreimbursed medical or dental expenses." So unless it is stated... Read more »

1 Answer | Asked in Estate Planning for Virginia on

Q: How do I update a will with new information/different inheritors?

Sharon R. Moss answered on Oct 9, 2018

You can either have a new will drafted which revokes the old will, or you can have an addendum to the current will. If there are significant changes, it is best to have a new will drafted.

1 Answer | Asked in Divorce for Virginia on

Q: My ex-spouse refuse to comply with the order of the court in our divorce decree. Back to court?

Sharon R. Moss answered on Sep 17, 2018

Yes, you can file a Rule to Show Cause. This allows you to present evidence on how he has violated the order and ask the court to find him in contempt and to remedy the issue.

1 Answer | Asked in Child Custody and Family Law for Virginia on

Q: What can i do ? If My Child’s Mother keeping my son away from if we shared split custody

Sharon R. Moss answered on Sep 4, 2018

If you have a court order regarding custody and visitation, and if she is violating the provisions of the order, then you can file a Rule to Show Cause to ask the court to enforce the order. If there is no court order regarding custody and visitation, you can file Petitions for Custody and... Read more »

1 Answer | Asked in Family Law for Virginia on

Q: my spouse owned a home prior to marriage. home became investment prop. During marriage. How does this help me?

Sharon R. Moss answered on Sep 4, 2018

The house is the spouse's separate property. Depending on the details of whether or not the mortgage and upkeep is being paid from the rents collected, and how much of your personal effort has gone into the appreciation of the property, you may have some claim to a portion of the equity in the... Read more »

1 Answer | Asked in Family Law and Child Support for Virginia on

Q: I I'm the Non Custodial parent do I have to go back to court to stop paying child support when my child turns 18

Sharon R. Moss answered on Aug 24, 2018

It depends on what your order says, and if the order was issued in Virginia. If issued in Virginia it will also depend on whether or not your child has graduated from high school or if they are disabled.

1 Answer | Asked in Family Law and Child Custody for Virginia on

Q: Va Code 20-108.2(D), parties shall share unreimbursed medical OVER $250. Does the custodial parent eat the first $250?

If minor child accumulates $1,000 in medical expenses in a calendar year, does the custodial parent pay the first $250, then both parents split the remaining $750?

Sharon R. Moss answered on Jul 16, 2018

That is how the old version of the code reads. Yes, that is how it is interpreted. The custodial parent pays the first $250 and then anything over that is split by the parents.

1 Answer | Asked in Family Law for Virginia on

Q: What is considered the 2nd weekend of July 2018 in regards to visitation

Sharon R. Moss answered on Jul 6, 2018

Most likely July 14-15, 2018.

1 Answer | Asked in Child Custody for Virginia on

Q: Can she get more child support and spousal support?

My boyfriend’s ex (currently married still to her) he is paying child support for there two kids one is 16 one is now 18 she has been moved out and out of school since oct of 2017 and now the mother is taking it back to court to get more child support from him! My question is can she? And can she... Read more »

Sharon R. Moss answered on Jun 26, 2018

If they are under a court order in Virginia for child support, the child turning 18 and emancipating is a material change in circumstances that would allow her the ability to ask the court to recalculate child support. The circumstances of the parties now as opposed to when the original order was... Read more »

3 Answers | Asked in Divorce for Virginia on

Q: Who can I talk with about obtaining copies of Divorce Decrees from years ago so that I can file for Social Security?

Sharon R. Moss answered on Jun 26, 2018

You should be able to get copies from the Circuit Court where it was finalized. Contact the Circuit Court clerk's office in the court the divorce was finalized in and they should be able to help you.

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