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Virginia Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Can the other parent legally disregard court-ordered visitation in Virginia?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Child Support and Family Law for Virginia on
Q: What should I bring to my court hearing for child support and custody?

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?

James L. Arrasmith
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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

2 Answers | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Virginia on
Q: How can I address violations of a child custody agreement in Virginia?

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

Richard Sternberg
Richard Sternberg
answered on May 19, 2025

By retaining counsel, I would think.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Virginia on
Q: Is the pendente lite decree still valid in Virginia?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Virginia on
Q: Joint custody issues in Virginia affecting child emotionally.

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Virginia on
Q: Next steps after DSS denial and neglect case in Virginia?

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Immigration Law and Child Custody for Virginia on
Q: Pregnant filipina wife threatening to take our unborn child back to.the phillipines before her green card is processed

We are legally married.

James L. Arrasmith
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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...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My sons grandfather is on trial for a sting operation involving 2 counts of soliciting a minor.

Can I keep my son away from him even of he's found innocent? I have final say in the custody agreement.

David G. Parker
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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

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: 13yo daughter desperately wants us to have full custody of her and get away from her train wreck of a mother.

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

Richard Sternberg
Richard Sternberg
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.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My ex and I have 2 kids together. She moved 45 mi away from me. I live in the family home. I want 50/50, should I move?

We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.

Quillyn Zebedeo
Quillyn Zebedeo
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.

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
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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

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If I have Primary custody of my daughter but share legal custody with every other weekend visitation with her mother

Is she allowed to vist her at school every week for lunch?

Daniel J. Miller
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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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: Wife petitioned for custody/spousal support after a separation agreement was signed waiving these, what happens next

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

Jordan A. Fanney
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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

1 Answer | Asked in Child Custody, Constitutional Law and Family Law for Virginia on
Q: I made an offer of custody with 5 major points can the responder only act on one? Without accepting all other points
James L. Arrasmith
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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

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If the judge says he's not going to hear a case for modification only the case for contempt then makes a ruling on both

Is that legal

James H. Wilson Jr.
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James H. Wilson Jr.
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

Q: One parents right get terminated the other gets full custody can the one parent allow the other to see kids

When the parent that's has custody never lets the one that don't see them unsupervised

James L. Arrasmith
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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

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My husband and I have raised my grandson since birth. He is now 4.5 years old. He had occasional visits with my son and

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

James H. Wilson Jr.
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James H. Wilson Jr.
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

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Virginia on
Q: If I was issued Emergency protective order in virginia and she was granted the box that is marked granting her the hous

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

Faraji A. Rosenthall
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Faraji A. Rosenthall
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.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: When is a guardian at litem assigned to a custody case? Can I do mediation outside of court without a GAL?

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

James H. Wilson Jr.
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James H. Wilson Jr.
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

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: We share joint legal and physical custody and have “visitation as agreed upon by both parties”, how is that enforced?

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?

James H. Wilson Jr.
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James H. Wilson Jr.
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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