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Questions Answered by Gary D. Godman

1 Answer | Asked in Child Support for Virginia on

Q: Q: I live in Va and will be getting married in Las Vegas soon. Will my income still be part of my fiancé child support?

Gary D. Godman answered on Jan 3, 2018

Virginia does not include a new spouse's income in child support calculations. If the order is from another state, the answer may be different.

1 Answer | Asked in Child Custody for Virginia on

Q: custodial father moved without notifying court or mother and says mother abandoned child, is father in contempt?

Gary D. Godman answered on Jan 3, 2018

Impossible to say without knowing if there is a current court order in effect and what it might say. Have an attorney review the order and give you possible options.

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

Q: The 11 yo child I am supporting was born in VA, I lived in PA. Child is not mine after 11 yrs what can I do?

I find out he is not mine what right do I have even though I signed the paternity acknowledgement in the hospital after not sleeping for a day and coming down from PA to see the child who was born early.

Gary D. Godman answered on Jan 3, 2018

If a father finds out he is not, in fact, the father, in Virginia he can file a motion to disestablish paternity, which can allow for a DNA test. Unfortunately, there is not much to be done about the money that is already paid. That is why if you believe you aren't the father, you should file... Read more »

1 Answer | Asked in Child Custody for Virginia on

Q: Need Info On a Petition/Custody. Was Not Informed About Thing.. What type of Edvidence Do I Need To Bring?

What kinds of documentation Will I Need To Present If The Judge May Ask ? Recieved something in the mail about it , Kind Of Stuck Not Sure What To Expect.. Court Date Will Be In Richmond Va

Gary D. Godman answered on Jan 3, 2018

I can't say what type of documents you might need as each case is different and depends on the facts surrounding the children. You can review the broad factors the judge considers in any Virginia custody hearing here: https://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on

Q: Sentenced to driving school in va for #2 ticket, had #1 in TN. Got #3 after court sen. and before class. Can still take?

The 1st ticket in Tn was a failure to obey road sign. #2 was a reckless driving ticket in VA because my wheel axel snapped while turning sharp and lost control and crashed the car. This is when I was sentenced to driving school. #3 was a red light in VA that i got after I was sentenced to driving... Read more »

Gary D. Godman answered on Jan 3, 2018

You can probably still take the class, but one of the requirements to having the court reduce/dismiss the charge is that you obtain no new tickets for a certain amount of time after you are sent to driving school. Call or meet with a traffic attorney, if you don't already have one, to review the... Read more »

1 Answer | Asked in Child Custody for Virginia on

Q: Hi For ignorance I signed my ex the sole custody and then now she removed my surname from my daughter at the oddest cou

Trial ever. Now she doesn’t let me speak to her on Skype FaceTime what’s app .. nothing . Saying that is on her best interest ( she decided that ) I know it’s all out of revenge and hate but is there something I can do?

Gary D. Godman answered on Jan 3, 2018

Unfortunately, it's impossible to give a general online answer to what is clearly a complicated issue that has already been heard in court. You need to take as much paperwork as possible to a local family law attorney to see what, if anything, can be salvaged at this point.

1 Answer | Asked in Traffic Tickets for Virginia on

Q: Do you have to stop for a bus on a divided highway that had a break for an intersection in Virginia?

Gary D. Godman answered on Jan 3, 2018

I think it depends on the size of the break, and what type of intersection - major crossing street, or simple turnoff into a neighborhood. If you've been charged under these circumstances, it would be worth consulting with a traffic attorney in your area to look a little closer at the law as... Read more »

1 Answer | Asked in Domestic Violence for Virginia on

Q: Two year protective order against spouse showing signs of dementia. He is contacting me via text. He needa help not jail

I have a 2 year protection order against my spouse of 28 years. It has come to my attention that he is more than likely in the 1st or 2nd stages of dementia. He has started texting me nonstop, calling and crying. He also recently came to my home and flipped his vehicle into a ditch totalling it. He... Read more »

Gary D. Godman answered on Jan 3, 2018

Without knowing all the details, it appears there is not much you can do. It is unfortunately up to him to decide to get treatment. If you don't want to drop the protective order, you shouldn't. Perhaps you or your children should research mental health options in your area to see if there is a... Read more »

1 Answer | Asked in Child Custody for Virginia on

Q: How old does a child have to be to make a decision of his own on who. He wants to live with mother or father

Gary D. Godman answered on Oct 26, 2017

The rule of thumb is that the court starts to consider the child's opinion around age 12. However, the child's preference is only one of many factors the court takes into consideration. In other words, just because the child wants something doesn't mean the court is going to do that.

1 Answer | Asked in Immigration Law for Virginia on

Q: I have an A1 Student Visa. I’ve been in the US since I was 8 years old. Can i apply for green card or citizenship

My father is a diplomat and mights be going back to work in native country.My visa expired the end of next year. What can I do to stay in the US. or at least obtain a green card.

Gary D. Godman answered on Oct 26, 2017

It is possible, though perhaps a bit more complicated than some other situations. You would need to qualify or be eligible for some other type of visa or a green card, such as by marriage to a US citizen. Consider consulting with an immigration attorney to review your situation and options. Good... Read more »

1 Answer | Asked in Business Formation and Immigration Law for Virginia on

Q: Can a green card holder have their own business in the US?

I am a Canadian citizen married to a US citizen, but in the process of getting divorced now. I started my own business and I don't want to have to wrap it up and go back to Canada. Does my green card allow me to continue living in the US and continue my business?

Gary D. Godman answered on Oct 26, 2017

The short answer is yes, a green card allows you to continue living and working in the US. The warning, however, is that a green card obtained by marriage could be "conditional" and require you to renew and submit certain documents after two years. Review your documents to see if you are a... Read more »

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

Q: If I don't receive a subpoena for court, do I have to go?

My ex petitioned for child support increase and didn't tell me. She didn't give them my address correctly so I was never served. She just texted me and told me and the court date is in 7 days.

Gary D. Godman answered on Oct 16, 2017

Best to contact the court and find out if there is indeed a hearing. Wouldn't want to risk finding out you were served in a permissible, substitute manner (i.e. not by personal service) and then be stuck with trying to overturn an order that was entered without you present.

1 Answer | Asked in Child Custody for Virginia on

Q: i have full custody of my daughter. the father is not in her life but he pays child support for the last 3 months.

he has been in out of her life. can he get visitstion rights??

Gary D. Godman answered on Oct 16, 2017

It is possible if shown to be in the child's best interests. Speak with an attorney in your area if a petition for visitation is filed.

1 Answer | Asked in Divorce for Virginia on

Q: Is my separation agreement enough to evict? What can I expect?

We have a legal separation agreement in place, which gave my ex a lump sum of money and time to secure housing. This agreement states that she must leave the home I own by November 18. She moved intonto my home and I was forced to leave. She moved in on July 1 and has until November to get a job... Read more »

Gary D. Godman answered on Oct 16, 2017

The best advice is to listen to the attorney you already have. That person is going to know the specifics of the case better than any attorney online answering questions. It's possible that you may have a case for an unlawful detainer, but your attorney is in the best place to answer that. If... Read more »

1 Answer | Asked in Immigration Law for Virginia on

Q: Am married to a usa citizen, how can I get my green card

Gary D. Godman answered on Oct 6, 2017

It depends on your situation. It will require filing a couple applications, and it could require to you to briefly return to your country in some cases. Consult with an immigration attorney. May can work with you remotely, or there are several qualified immigration attorneys in the Newport News... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on

Q: Is there an established definition of a Divided Highway in Virginia?

Related to School Bus law that states you do not need to stop for a School Bus if it is on the opposite side of a Divided Highway.

Gary D. Godman answered on Oct 6, 2017

From the motor vehicle section of the Virginia Code, section 46.2-100:

"A highway may include two or more roadways if divided by a physical barrier or barriers or an unpaved area."

The division for the school bus stops includes a physical barrier (i.e. short concrete wall) or an...
Read more »

1 Answer | Asked in Family Law and Domestic Violence for Virginia on

Q: My son will be 17 in October. His girlfriend is 19. They just had a baby 2 months ago. They have been together 2 years.

Over past 2 years she has repeatedly hit him and has been abusive. No police reports have been filed but there have been multiple eyewitness accounts. What, as the mother of the son and the grandmother of the baby, can I do

Gary D. Godman answered on Oct 6, 2017

A parent can file for a protective order on behalf of their minor child. An eyewitness to a recent crime, such as an assault and battery, can contact the police or sheriff's department. Consult with a local family law attorney or with the local domestic violence advocates (for Fredericksburg,... Read more »

1 Answer | Asked in Child Support for Virginia on

Q: If child support is dropped in court than do they file all the paper work or do I? DCSE says he still has an open case?

We had an agreement stating I would have full custody and he would have no visitation or child support. He was in the arrears over $1000 but the judge didnt say anything about if I had to file any further paper work. do i file to have his payments ended or does the court do that.

Gary D. Godman answered on Oct 5, 2017

Either one of the parents should provide a copy of the order to DCSE so that they can take appropriate action. They might not close the case if there are unpaid arrears.

1 Answer | Asked in Immigration Law for Virginia on

Q: Please, I have a question about USCIS bulletin for October 2017

Please, I have filed I-130 for my wife who resides in the USA with me. She is in legal status now and would like to adjust her status. I am a permanent resident and upon check the USCIS site (https://www.uscis.gov/visabulletininfo) for the month of October Adjustment of Status Bulletin, the USCIS... Read more »

Gary D. Godman answered on Oct 5, 2017

While you have filed the I-130, it doesn't sound like you've received an approval. You will have to wait for the approval, then match it to the dates in the second chart of the visa bulletin to see when she is eligible to file the forms to adjust status to that of a permanent resident.... Read more »

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

Q: What paperwork do I need to get done to send my 2 year old to Tennessee with his great aunt for a year?

Gary D. Godman answered on Oct 5, 2017

It depends on the facts of the case, such as whether both parents agree to the placement. It may be as simple as executing a special power of attorney, or the relative may need to file a custody petition in an appropriate court. You may want to consult with a family law attorney in your area.

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