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Questions Answered by Kelly L. Vasta
2 Answers | Asked in Child Custody, Divorce and Family Law for Virginia on
Q: What kind of lawyer do I need to talk to about custody of children?

Grandmother has physical custody of two children, parents share joint custody. Mother is in jail, and father wants to know his rights about getting custody of his children.

Kelly L. Vasta
Kelly L. Vasta answered on Mar 2, 2021

I would recommend contacting an experienced attorney in family law. The father will likely want to consult with one to assist in navigating through the juvenile courts.

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2 Answers | Asked in Criminal Law, Banking, Civil Litigation and Federal Crimes for Virginia on
Q: Is it a crime to deposit/cash a check if it is to 2 named people, he signed the back twice and she didn’t sign

My sister and her husband are going through a bad divorce. He left two weeks before the birth of their last kid. She has the house. He filed taxes jointly, and the federal return came to the house. She held it and they came to an agreement on how to spend it. It was only in a text so nothing... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Mar 2, 2021

I would recommend taking the copies of checks you have along with these facts to your local magistrate or police department to discuss the options of pressing charges.

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1 Answer | Asked in Child Custody for Virginia on
Q: Can I get full custody after I settled for joint custody in the divorce?
Kelly L. Vasta
Kelly L. Vasta answered on Mar 1, 2021

Child custody, visitation and support matters can always be amended, provided that there is a material change in circumstance since the entry of the last order. Material change in circumstance can be a gray area in the law and I recommend that you seek legal advice from an experienced family law... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Mar 1, 2021

I am sorry to hear you are going through this experience with your mom. If a person provides notice to another that they are not allowed on private property, and the notice is disregarded, then the propery owner/lessee can take out trespessing charges. Trespassing is a Class 1 Misdemeanor in... Read more »

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1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: I have joint custody of my 2 children 16 and 13. I am filing for change of custody can they stay with me until court dat

There was sexual assault in the home. Mother no longer lives there and there is a court case with the stepfather begining. Both children have come to me and dont want to go back to there mothers. Because the place they live now the have no privacy or have there own room. Plus the other adults are... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

Typically, the current order that is in place still stands and must be followed until a judge rules differently. However, it sounds as though you may have a good faith basis to file for an emergency hearing (that would advance the case on the docket) to address the current situation. I would... Read more »

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Custodial parent is moving 200+ miles away for a new job. Who is responsible for transporting the child for visits?
Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

Typically a court would have the parties share travel; however, there are a lot of factors that can cause a court to deviate from sharing travel expenses. More information would be needed to provide a proper analysis. I would recommend that you consult with an experienced family law attorney to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: Can the NC parent add our daughter to his insurance if I have legal custody and already carry coverage?

Recently, I reopened a CS order due to 1.5 years of non-payment based on a mutual agreement with the NC parent. Now that he is being legally ordered to pay CS, he mentioned adding our daughter to his health insurance. Since he is unable to make legal decisions based on the custody order, I... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

In order to properly answer your question, there is more information that is needed. I would recommend that you consult with an experienced family law attorney to review the current issues you are facing with the child support and health insurance.

2 Answers | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I refuse to testify as a domestic violence victim against my boyfriend?

I filled out a criminal complaint against my partner after an argument that got physical. It resulted in multiple charges being filed, including two felonies. I already have a PFA prohibiting acts of abuse and I really don’t wish to cooperate due to a myriad of reasons. We’ve since reconciled,... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

Once you call law enforcement and the process is started for criminal charges against an abuser, you unfortuantely do not have the "right" to drop the charges. The only entity that has the power to do so is the Commonwealth Attorney's office who is prosecuting the case. They will... Read more »

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2 Answers | Asked in Criminal Law for Virginia on
Q: Can law enforcement enter a locked attic door or a room in my house that has locks if its roomates?
Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

Unfortuantely, there is more information that is needed to be able to answer your question. If this occurred and it resulted in charges being brought against you then I would suggest that you contact an experienced criminal defense attorney.

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