Questions Answered by Gary D. Godman

Q: My god son's mother and I want joint custody of our son but his dad won't give us his address so he can be notified

1 Answer | Asked in Child Custody and Child Support for Virginia on
Answered on Jun 15, 2017

He can be served by a private process server, or he could be served by publication in a newspaper if the situation is appropriate for that. Talk to a local family law attorney for specific suggestions based on the full facts of your case.
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Q: RFE for joint sponsor tax documents for recent year. They haven't filed this year yet but we filed the papers before the

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jun 2, 2017

Sounds like they want this year, which by now is already due to the IRS. If it's unclear, please speak to an immigration attorney to review your documents. You don't want to get the case denied for sending in the wrong paperwork.
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Q: I got a speeding ticket 76/55 in 2014 but the dmv says I have reckless on my record

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Jun 2, 2017

You may want to get a certified copy of the records from the court. If they show simple speeding (not reckless), you may be able to provide that to DMV to have them correct their records. Talk with a VA traffic attorney if you can't make any headway on your own.
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Q: my ex-has everyother weekend and for the summer he gets 2 16 day vacation does that mean he still gets everyother weeken

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jun 2, 2017

Can't say without seeing the court order. Often it will contain language that says "summer visitation supersedes regular visitation" or "in addition to regular visitation, dad shall have 2 weeks in the summer." You may want to talk to a local family law attorney if it is unclear.
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Q: Is there a law for Virginia that dictates which parent has to do the driving to meet for visitation with joint custody?

1 Answer | Asked in Divorce and Child Custody for Virginia on
Answered on Jun 2, 2017

There is no default rule for who provides transportation. Absent a requirement in a custody/visitation order, this is something that would have to be decided between the parties.
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Q: If you are 13 and rape someone that is 13 also can you be charged?

2 Answers | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Virginia on
Answered on May 24, 2017

Absolutely, yes.
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Q: I ran a background history on myself and found a reckless driving ticket in absentia va from 2006? What should I do

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on May 23, 2017

If you found a reckless driving conviction from 2006 in Virginia, it's likely there is nothing you can do at this point. If, for some reason, you believe you never received a ticket from this incident or there is a possibility of mistaken identity or identity theft, there is a slight possibility the charge could be overturned. One problem is that many courts destroy traffic records over 10 years old. Consider calling a traffic/criminal defense attorney in the county/city where it shows you...
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Q: My ticket has no case number and couldn't find it in the court website too. do i still need to attend my court hearing?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on May 23, 2017

You should go to court on the date and time you were summonsed. It is possible the ticket has not been processed into the system yet. If you do not appear, you will not be able to fight the ticket. If you show up and it is not called, then you can speak to the clerk to find out what is going on.
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Q: What can be done with the assets of a person with a TIN# income tax up to date (home, car, bank acc) before deportation

1 Answer | Asked in Immigration Law for Virginia on
Answered on May 23, 2017

A person in danger of removal/deportation can execute a power of attorney to allow another trusted person to manage his or her affairs if forced to leave the country. It is also possible to execute documents to provide for the care of children. This is a hot topic with immigration attorneys right now. Consider helping this person reach out to an immigration attorney who is licensed in Virginia in order to draft a power of attorney.
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Q: How is an attorney able to get a traffic ticket either dropped, or reduced for a client in a criminal defense case?

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on May 23, 2017

There are three factors here: the lawyer's knowledge of the local court and prosecutor, the client's driving history or criminal record, and the specific facts of the case. A lawyer who is familiar with the usual outcomes in a certain court could help reduce a severe charge. A client with a clean record gives any attorney something to use to argue for a lower charge/dismissal. If the case is particularly severe and the evidence is strong, even an experienced attorney or a client with a...
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Q: I just married a woman who came here originally on a pol asylum visa which is still in the works. Can we just ...

2 Answers | Asked in Immigration Law for Virginia on
Answered on May 23, 2017

It should not cancel her pending asylum application. The marriage route could end up being faster than the asylum route, depending on how she entered the US (with a visa or not). Reach out to an immigration attorney to go over her situation. If she has an attorney for the asylum case, that office would be a good place to start.
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Q: Could a porn addiction be grounds for divorce in the state of Virginia?

1 Answer | Asked in Divorce for Virginia on
Answered on May 19, 2017

I'm guessing I am the person who answered your initial question, but let me expand my answer a bit. This is not likely to be sufficient grounds for divorce in Virginia. Code section 20-91 (link below) lists the grounds for divorce, and the grounds relating to abuse are:

"Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year...
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Q: I threw a cigarette on the highway in VA (first offense).

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on May 18, 2017

From Virginia Code section 33.2-802 - "Any person convicted of a violation of this section is guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $250 or more than $2,500, either or both. In lieu of the imposition of confinement in jail, the court may order the defendant to perform a mandatory minimum of 10 hours of community service in litter abatement activities." You may want to consult with a local criminal defense attorney...
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Q: A good friend from China has been married for over two years; his partner is becoming unreliable, and he is consideriing

1 Answer | Asked in Immigration Law for Virginia on
Answered on May 18, 2017

Possibly. He needs to speak with an immigration attorney before taking any action to make sure he is not placing his status in jeopardy.
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Q: I am a non-parent whom was granted temporary custody of an infant do I have a fighting chance to gain permanent custody

1 Answer | Asked in Child Custody and Juvenile Law for Virginia on
Answered on May 18, 2017

This is not a question that can be answered with a simple reply on the internet. There is a lot going on with this case, and you need to speak to a local family law attorney to plan your case accordingly. There are many instances where a relative or non-relative can obtain custody of a child, and an experienced family law attorney will be able to guide you appropriately.
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Q: I am a little confused after reading some virginia codes. Are you allowed to make a right turn on red?

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Virginia on
Answered on May 18, 2017

Virginia Code 46.2-835 says: "Notwithstanding the provisions of § 46.2-833, except where a traffic control device is placed prohibiting turns on steady red, vehicular traffic facing a steady red circular signal, after coming to a full stop, may cautiously enter the intersection and make a right turn." So in the intersection you describe, if it is a red circle and there is no sign prohibiting right turns on red, it would be permissible to turn on red.

Interestingly, the same code...
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Q: could it be legal grounds in the state of VA.....

1 Answer | Asked in Divorce and Family Law for Virginia on
Answered on May 18, 2017

No, this is not likely to be grounds for divorce. It is not adultery under the law, and it does not appear to fit into any other fault-based divorce grounds. You may want to speak with a local family law attorney about the specifics of the case and make a plan in case of any possible future divorce action.
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Q: father of the baby doesn't plan on working instead he is attending a private college, can still pay child support?

1 Answer | Asked in Child Support for Virginia on
Answered on May 18, 2017

A judge could decide that his decision not to work is improper and order him to pay a higher amount than the guideline calculation would be if he has no job. Speak with a local family law attorney about the specifics of the case before going to court.
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Q: About the absence of the petitioner because she is outside the US.

1 Answer | Asked in Immigration Law for Virginia on
Answered on May 18, 2017

She needs to be there. With enough notice, you may be able to postpone the interview by letting the USCIS know by responding to their appointment letter or by making an INFOPASS appointment, but it would be must faster for your process if she were able to be back for the interview.
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Q: If I have full legal and physical custody of my daughter can I change her last name with out father's consent?

1 Answer | Asked in Family Law for Virginia on
Answered on May 11, 2017

If in Virginia, you would have to notice the father on the petition for the name change, and if he objects, the court would only change the name if it is found to be in the child's best interests to do so.

Your location states you are in CT. I am only licensed in VA. If you have a question about CT law, please post your question in the CT section of this website.

Good luck to you.
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