Questions Answered by Gary D. Godman

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?

1 Answer | Asked in Child Support for Virginia on
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.
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Q: custodial father moved without notifying court or mother and says mother abandoned child, is father in contempt?

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

1 Answer | Asked in Family Law for Virginia on
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 something quickly. You would be well served to speak with a family law attorney local to the area where the child lives.
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Q: Need Info On a Petition/Custody. Was Not Informed About Thing.. What type of Edvidence Do I Need To Bring?

1 Answer | Asked in Child Custody for Virginia on
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/

You would be best served to speak with a family law attorney local to Richmond, as it is always difficult to fight a case from out-of-state.
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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?

1 Answer | Asked in Traffic Tickets for Virginia on
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 paperwork from ticket #2, and plan to go to driving school anyway.
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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

1 Answer | Asked in Child Custody for Virginia on
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.
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Q: Do you have to stop for a bus on a divided highway that had a break for an intersection in Virginia?

1 Answer | Asked in Traffic Tickets for Virginia on
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 applied to your specific facts. There are many good traffic attorneys in the Midlothian/Richmond area.
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Q: Two year protective order against spouse showing signs of dementia. He is contacting me via text. He needa help not jail

1 Answer | Asked in Domestic Violence for Virginia on
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 program that may be helpful.
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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

1 Answer | Asked in Child Custody for Virginia on
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.
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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

1 Answer | Asked in Immigration Law for Virginia on
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 luck to you!
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Q: Can a green card holder have their own business in the US?

1 Answer | Asked in Business Formation and Immigration Law for Virginia on
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 conditional permanent resident, and consult with an attorney about what steps to take next if you are.
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Q: If I don't receive a subpoena for court, do I have to go?

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

1 Answer | Asked in Child Custody for Virginia on
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.
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Q: Is my separation agreement enough to evict? What can I expect?

1 Answer | Asked in Divorce for Virginia on
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 you are unsatisfied, get a second opinion in person from another local attorney. Good luck to you.
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Q: Am married to a usa citizen, how can I get my green card

2 Answers | Asked in Immigration Law for Virginia on
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 area.
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Q: Is there an established definition of a Divided Highway in Virginia?

1 Answer | Asked in Traffic Tickets for Virginia on
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 unpaved area (i.e. grass/dirt). As a practical matter, stop for the bus if you have any doubt - better safe for the kids' sake.
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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.

1 Answer | Asked in Family Law and Domestic Violence for Virginia on
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, it's "Empowerhouse").
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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?

1 Answer | Asked in Child Support for Virginia on
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.
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Q: Please, I have a question about USCIS bulletin for October 2017

1 Answer | Asked in Immigration Law for Virginia on
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.

Please consider consulting with an immigration attorney to prepare the adjustment packet, as you want to be certain that it is done correctly.

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

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