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Questions Answered by Sharon R. Moss
1 Answer | Asked in Child Support for Virginia on
Q: My daughter is 17 and will graduate in June. Her 18th birthday is in the fall. Will I have to continue to pay support?
Sharon R. Moss
Sharon R. Moss
answered on Jan 8, 2018

In Virginia, the obligation to pay support ends when the child turns 18, or 19 if they are still in high school. Since your child graduates high school prior to turning 18, you are still under an obligation to pay until she turns 18.

2 Answers | Asked in Child Custody and Domestic Violence for Virginia on
Q: A friend needs legal advice how to go about not letting father of 3 weeks old take child when he wants.

A friend of a co worker has a 3 week old baby. She recently left an abusive relationship with father. She let the baby's dad take him for the dad and was to be back at a certain time. He is now refusing to bring the child back. What does she need to do legally to get her child back and have... View More

Sharon R. Moss
Sharon R. Moss
answered on Jan 8, 2018

She should file a Petition for Custody and Child Support. If she is not married to the father, this would be done in the Juvenile and Domestic Relations Court in the county in which the baby resides.

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1 Answer | Asked in Child Support, Divorce and Family Law for Virginia on
Q: I want to file for divorce from my husband of 5 years. Can I also file for child support if he is not the father?

He is not the biological father of my 14 year old and 12 year old.

Sharon R. Moss
Sharon R. Moss
answered on Jan 3, 2018

Is he listed on the birth certificate? Did he adopt the children? If not, then he has no legal obligation to support them. With regard to the divorce, you have to be separated for 1 year prior to being able to file, unless you have grounds for a divorce (ie: adultery, desertion). Consult an... View More

2 Answers | Asked in Family Law and Child Support for Virginia on
Q: Is there a way to make my father help pay for my college?

I’m a 19 year old full time college student. I have a younger brother in high school and sometimes my dad doesn’t pay child support for him, so my mom is struggling. He is supposed to be paying our medical/dental bills but hasn’t done that. My brother and I both have braces that he refused to... View More

Sharon R. Moss
Sharon R. Moss
answered on Jan 3, 2018

Bottom line is that parents are under no obligation to pay for their children once they graduate high school. So there is no law that will force him to pay for your college.

However, if he is under a court order to pay child support and medical/dental bills, and is not doing so, your...
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1 Answer | Asked in Child Support for Virginia on
Q: do I have to still pay child support after 21year old?
Sharon R. Moss
Sharon R. Moss
answered on Jan 2, 2018

It depends on where the child support order was entered. In Virginia support stops at 18 or 19 if the child is still in high school. However, if you are in arrears on the child support, you will have to pay until your arrears are paid in full. Also, if you signed an Agreement stating you would... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Father is in Cali, the child and I in VA. He has only seen her once in 11 years and there in no court order for visits.

He wants to get visitation .. But the only legal document he has to her is a dna test and child support of 50 bucks a month (which hes behind on). She doesnt want to see him but he still for some reason wants to go to court. What can I do? Please

Sharon R. Moss
Sharon R. Moss
answered on Dec 22, 2017

If he has filed a Petition for Visitation the Court will hear his request. You will have to present evidence as to why he should not have visitation, but that doesn't mean the court will agree with you and deny him any visitation.

1 Answer | Asked in Family Law for Virginia on
Q: Im the father of two boys they have always lived with me now the mom wants to take them so they can live with her i dont

Want that what steps should i take

Sharon R. Moss
Sharon R. Moss
answered on Dec 21, 2017

Is there a custody order in place? If so, then she will have to go to court to try and have custody changed. If there is not a custody order in place, you should file a petition with the court to have custody and visitation decided and child support if that is an issue as well.

1 Answer | Asked in Child Support for Virginia on
Q: Can I have my grandchildrens father served at his job for child support and paternity?
Sharon R. Moss
Sharon R. Moss
answered on Dec 21, 2017

If you serve him at work, he has to personally be served. The papers can not be left with someone else at his work to be given to him.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can the birth mother of my step son dictate weather I'm around her son if I am married to his dad?

I have done nothing wrong, and take great care of the child but she just doesn't like me and says I can't be around my step son anymore.

Sharon R. Moss
Sharon R. Moss
answered on Dec 20, 2017

If the current custody order does not restrict your ability to be around your step son, then there is nothing preventing you from being around him.

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Do we (me and my ex) have to follow the VA joint custody order if we both move to Cali with our daughter?

My ex and I share joint custody of our daughter. We both live in VA. However we both agreed on moving to Cali but live in different areas of the state. Would we have to go to court there and refile custody or can we still follow the original court order given to us by VA if we dont find any issues... View More

Sharon R. Moss
Sharon R. Moss
answered on Dec 19, 2017

The Virginia Court Order will still be in effect. If you both move to California and an issue arises regarding custody/visitation, you would need to speak to an attorney in California to determine the procedure to enforce the Virginia Order in the California courts.

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: The father does not have any communication with the children and the court lowered child support for him to do so

He does not do the court ordered visitations and rejects any calls from the children. He lives out of state and the judge lowered child support so that he could visit, but he does not visit. Can I go back to court to file a motion for higher child support?

Sharon R. Moss
Sharon R. Moss
answered on Dec 18, 2017

If there has been a material change in circumstances since the last order was entered, the court will determine if a modification is warranted.

1 Answer | Asked in Child Custody for Virginia on
Q: Mother wants me to give son to teenage daughter instead of her. Do I have to?

I have joint custody of my son with his mother. He lives primarily with me. She moved to LA 6 months ago and has not used any of her visitation. She wants me to give him to his teenage sister (16) for her Christmas visitation because she is not getting him. Do I have to give him to anyone but her?

Sharon R. Moss
Sharon R. Moss
answered on Dec 15, 2017

It depends on what your visitation order specifies, but normally visitation in only granted to the parent. A parent can choose to allow others to see the child while the child is in their custody, but unless the order specifies that she can delegate her visitation time to someone else, only the... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If I have full custody and want to move out of state and my child's father has never paid support can he get custody now
Sharon R. Moss
Sharon R. Moss
answered on Dec 15, 2017

It depends on what the Custody Order says. Does the custody order allow you to move out of state? If not, then the father has the right to ask the Court to enjoin you from moving the child out of state. The court will then have to determine whether it is in the best interests of the child to... View More

1 Answer | Asked in Child Support for Virginia on
Q: WHO DECIDES HOW TO SPEND CHILD SUPPORT PAID AFTER THE CHILD IS 18?
Sharon R. Moss
Sharon R. Moss
answered on Dec 14, 2017

Child support is paid to the parent that the child is living with and is to be used to pay for the needs of the child. If the child turns 18 but is still in high school, child support is still paid to the parent the child is living with, and nothing should change from how it was being utilized... View More

1 Answer | Asked in Divorce for Virginia on
Q: I am having a divorce, trial date is set. I have my wife’s medical records in my possession, can I use them in court?

My wife is suffering from an undiagnosed personality disorder.

Sharon R. Moss
Sharon R. Moss
answered on Dec 12, 2017

If her mental health has not been brought up as an issue, they might be excluded. Prior to being able to use them you have to produce a copy to your wife (or her attorney if she has one). While in certain circumstances, medical records are admissible as evidence in a hearing, there are certain... View More

1 Answer | Asked in Child Custody for Virginia on
Q: I have custody of kids, the mother has moved back in over a year ago, can she get custody even if I do not want her to?
Sharon R. Moss
Sharon R. Moss
answered on Dec 12, 2017

If there has been a material change in circumstances since the last custody order, the court has the option to modify the order if they find it would be in the best interests of the children.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My ex has temporary custody of our 3 children & I have open visitation can he refuse to let me see them on Christmas?

Court order states that I can see them whenever possible seeing that I live in another state & it is a 3hr drive. He has refused me a visitation day that was pre planned because he said the kids needed to change their attitudes before I was allowed to visit & he didn't care about the... View More

Sharon R. Moss
Sharon R. Moss
answered on Dec 12, 2017

If he continues to deny you visitation you can file a Rule to Show Cause with the court. If the court finds he has been denying you visitation against the order they can enforce the order and hold him in contempt.

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: When can you file for emergency custody?

My fiance submitted 4 show causes against his ex for various reasons on her not following their court agreement. While waiting for their case to be called, they talked a little and she made a comment about her ex (who she had told their daughter to call daddy) paying her bills even after... View More

Sharon R. Moss
Sharon R. Moss
answered on Dec 12, 2017

If there has been a material change in circumstances since the last custody order he can file for a modification in custody. For the court to grant an emergency motion, there has to be evidence that there is an emergency (ie: something that could be endangering the child's life, health, or... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can I get my order changed to no overnight visitation if my ex does not have his own residence to have them stay at?

The children do not want to sleep on couches, floors and in hotels anymore. Their father has the ability to provide making 90K a year. It has been 6 months.

Sharon R. Moss
Sharon R. Moss
answered on Dec 11, 2017

If the Order was issued by a court in Virginia, and there has been a material change in circumstances, you would be able to request a change in the Visitation order. If he has lost his home/apartment since the Visitation order was entered, it may be a change that the court would consider for... View More

1 Answer | Asked in Child Support for Virginia on
Q: child support open in Florida both parents move and now resides in Virginia is there a problem?
Sharon R. Moss
Sharon R. Moss
answered on Dec 11, 2017

Is there a court order already issued for child support in Florida? If so, then it can be domesticated in Virginia for enforcement purposes.

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