Get free answers to your Child Custody legal questions from lawyers in your area.
I have a court-ordered visitation schedule in Virginia, but the other parent plans to disregard the order to go to the beach. I have filed a show cause but do not have a lawyer. Can the other parent legally disregard the visitation order in this situation, and what steps can I take to address this... View More 
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answered on Jun 10, 2025
What you're going through is deeply frustrating, and you're right to want your parenting time respected. A court-ordered visitation schedule is not optional—it's a legal obligation. The other parent cannot simply choose to disregard it for a vacation or personal plans without first... View More
I have petitioned the courts for child support and custody of my child, with a hearing scheduled for June 16, 2025. I am self-representing in this case. Is there anything specific I need to bring with me to the hearing, and what should I expect on the day of court?
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answered on Jun 2, 2025
You should bring your ID, original and multiple copies of all documents, including the petition, proof of income, pay stubs, tax returns, the child’s birth certificate, and any bills or receipts showing expenses related to the child. If you have a proposed parenting plan, a budget for child... View More
I am experiencing ongoing violations of a court order agreement by my child's father for the last three years. These violations are frequent and involve child custody and visitation issues. While I haven't attempted mediation, we do have upcoming court dates related to this matter. How... View More
I have a pendente lite decree issued on October 12, 2022, which has no end date. The only amendment to it was included in the final divorce decree concerning visitation, but it did not cover all aspects of the pendente lite decree. Custody and visitation were bifurcated to the lower court, and... View More
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answered on May 15, 2025
The pendente lite decree in Virginia remains valid until a final order or ruling is made in the case. Since the decree had no specified end date and some aspects of it were not addressed in the final divorce decree, the portions of the pendente lite decree that were not amended may still be... View More
I have joint legal custody of my 11-year-old son according to a custody agreement established in Virginia, where I have him every other weekend. However, my ex, who lives next door, sometimes keeps him from coming over, especially when she's upset with me, or sends him elsewhere. This behavior... View More
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answered on Apr 13, 2025
It sounds like your ex’s actions are causing emotional harm to your son, which is a serious concern. Since you have joint legal custody, your ex is required to follow the custody agreement. If she is preventing your son from coming over or sending him elsewhere without a valid reason, this could... View More
I'm dealing with a challenging case involving children exposed to drugs and experiencing medical neglect. My daughter and I shared primary custody. During her appointment with her OB-GYN before delivery, she tested positive for substances, and the baby tested positive at birth. CPS intervened... View More
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answered on Apr 13, 2025
You're already doing the hard work of stepping up for these children in an incredibly complex and painful situation. Since DSS denied services and adoption consideration despite the parental placement agreement, your next step should be filing a motion with the juvenile and domestic relations... View More
We are legally married.
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answered on Jan 21, 2025
This sounds like an incredibly stressful situation, and I understand your concern about potentially being separated from your child. Immigration and custody matters deeply affect families, and it's natural to feel worried.
Your rights as the father are protected under U.S. law since... View More
Can I keep my son away from him even of he's found innocent? I have final say in the custody agreement.
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answered on Dec 3, 2024
Grandparents do not have automatic visitation rights in Virginia. They must petition the court if they are being denied visitation by the child's parent. I would think that such a petition would fail, given the charges against him. The legal standard in a criminal case is different, and so an... View More
Her mother is somewhat unstable and likely bi-polar (opinion) but our oldest daughter left her at 16 and never went back and now our youngest, 13, begs us to not make her go to her house. We have shared custody, half the week with us and half the week with her mother. Her mother has been caught... View More
answered on Nov 18, 2024
I’m not sure what you are asking, but it is obvious that you need to consult with a lawyer who covers child custody and family issues. Seek a lawyer who practices in your judicial circuit.
We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.
answered on Jun 28, 2024
Custody is determined based on the best interest of the child, of which there are several factors the court will look at. Moving your place of residence to be closer to your child would likely be considered by a court, however, it would not be the sole factor in its determination.
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answered on Jun 3, 2024
To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More
Is she allowed to vist her at school every week for lunch?
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answered on Jun 10, 2024
It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More
We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More
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answered on Mar 22, 2024
For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More
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answered on Nov 5, 2023
In custody negotiations, if you propose an agreement with multiple points, the other party is not obligated to accept all terms as presented. They may choose to agree to some points while rejecting or wishing to negotiate others. Each point can be independently considered and negotiated. It's... View More
Is that legal
answered on Oct 27, 2023
Judges have a great deal of discretion in how they run their courtroom. Some judges even change their minds during the course of a proceeding. If a litigant does not like how a judge rules in a particular case, the litigant can either object with reasons to create a record for appeal, if the... View More
When the parent that's has custody never lets the one that don't see them unsupervised
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answered on Nov 5, 2023
If one parent's rights have been terminated, legally they would not have any inherent rights to visitation or custody of the children. The parent with full custody has the discretion to allow the other parent to see the children, but this is a personal choice and not a legal obligation. Should... View More
his wife. My son and his wife were separated, and she said she would file for divorce. My son recently died, and his estranged wife took our grandson and said we would not see him again. While caring for him, we never received nor asked for support from his parents. He attended school the 2022-2023... View More
answered on Jun 7, 2023
A grandparent who has stood in the position of a parent to a minor child, in loco parentis in Latin, is an appropriate custodian for that child and can be awarded custody and/or visitation of the child. A grandparent is recognized as a "person with a legitimate interest" who can file for... View More
If she was granted the house in an emergency protective order it says her name. The family of household member is granted possession of the exclusion of the respondent however no such Grant of possession shall affect title To any real or personal pro Property. If she is out of the state ono... View More
answered on May 28, 2023
You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.
Paternity has not yet been established but if he is found to be the father, he has also filed for custody and visitation. He has stated that he would like to do mediation. I would like to do mediation but outside of court with the other parent and a lawyer. Would a GAL be appointed in this... View More
answered on Mar 5, 2023
In a legal proceeding involving custody and/or visitation, a guardian ad litem can be appointed by the court to represent the interests of the child in the event that the parents do not adequately represent the interests of the child. This almost always occurs when there are allegations of abuse... View More
My 15 year old no longer wants to visit every other week related to various changes at the home and her feeling like she’s never heard. What’s my best next move?
Can a show cause be enforced against me since there is no concrete schedule in place?
answered on Feb 6, 2023
That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... View More
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