My Sperated Spouse Is Taking Me To Court Because He Believes I Have Violated Our Custody Agreement. I Asked Him If He Has Representation As If He Doesn't I Would Prefer To Not Be Represented Either Since I Do Not Have Alot Of Finances Available. He Refused To Disclose This Information Out Of... Read more »
Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.
answered on May 4, 2022
A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... Read more »
I'm in Northern VA, it's been a challenge to find someone who can competently evaluate parental alienation.
answered on Apr 11, 2022
That is called a custody evaluation. Child psychologists who offer those usually advertise themselves as custody evaluators and expert witnesses. In the Richmond area, there a few who do most of them. When I have called some that are not available, they will usually recommend others who might be... Read more »
Our original order went into effect June 2020, and advised drop offs and pick ups are to occur at my parents place. My amendment requests a new location, among 12 other changes. The Guardian Ad Litem suggested a location, and now my ex-husband files paperwork every time I do not do exchanges at the... Read more »
answered on Jan 10, 2022
This type of confusion happens frequently after a hearing. Did you have an attorney? If so, please ask the attorney who has been representing you for clarity. Often someone has asked the judge when the order takes effect. If no date is specified, the usual default is that once a judge has made... Read more »
In the midst of divorce/custody case. Mother elected to not put children on her employer provided health insurance and instead has them on Medicaid. I am now receiving benefits through my employer and as of 01/01/2022 have enrolled myself and two children in this health care plan. Can mother refuse... Read more »
answered on Jan 4, 2022
Generally speaking, a court will prefer that a child has high-quality insurance if the parents can afford it. For that reason, health insurance premium payments for children are taken into consideration when calculating child support.
You don't mention whether there is a court order... Read more »
This a a woman who stalked me and my child for years and made threats against me. My ex husband was abusive and has a history of domestic violence. He has been arrested for DMV. He will use this woman and other circumstances to put my son in danger. The woman tried to run my child and me off the... Read more »
answered on Dec 14, 2021
Generally speaking, you may be able to get a protective order for stalking, but the protective order would have to include your child to prevent her from being present during visitation.
If you don't have enough evidence for a protective order, you may be able to get an order that... Read more »
I cut off all contact with my toxic and mentally ill parents several years ago, but they have continued to stalk me. I am concerned about them possibly suing for visitation once they find out they have a grandchild.
What are the chances that the family court would force me to allow them to... Read more »
answered on Dec 13, 2021
In Virginia, grandparents have no custody and visitation rights by virtue of the familial relationship. Grandparents are among the class of interested persons who can ask for a custody or visitation determination, but will not obtain any rights against the wishes of a biological parent who has not... Read more »
The petitioner alerted the court that I had sent her text messages. This was a violation of a no-contact protective order AND a no contact condition of a sentence that included 12 months of suspended time. However, she also sent text messages and engaged in several lengthy text conversations with... Read more »
answered on Nov 20, 2021
Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.
Test. I have schedule an appointment to file for custody on October 7th. There is no custody agreement between is at this point.
answered on Oct 1, 2021
In the absence of a court order or written agreement, both parents have equal rights to, and responsibilities for, their minor children. You question does not address how CPS became involved with your husband's girlfriend, why she was subject to testing, what drugs were involved, where the... Read more »
Ex filed registration in VA and immediately turned into modification of custody and JD&R proceeded without proper jurisdiction. Is that possible?
answered on Sep 24, 2021
A party to a court order may domesticate or register that order in Virginia if the Virginia court can exercise jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act. Notice of the proposed domestication or registration is served on the other party so he or she could contest... Read more »
I'm 18 years old and live in Virginia. I want to move in with my aunt but my Dad says I can't and that he can still control what I do and where I live, is this true? Can he really still control my life? Will I have to take him to court?
As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... Read more »
answered on Jun 7, 2021
A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... Read more »
My new wife has been around the kids since 2018. Until recently my ex included her in everything and authorized her to full access. We were all friendly happy coparents until marriage- now my ex is hiring a lawyer to keep my wife away from the kids who LOVE her.
answered on Apr 8, 2021
I understand your question to be whether you can authorize your new wife to access your children's information on your behalf. You can certainly add your wife as another person who can receive information or contact the school or doctor's office, for example, but the children's... Read more »
On 1/25/2021, the court ruled on joint custody and child support. The mother found out I am in a new relationship and now refuses to adhere to the legal agreement and is demanding I bring her everything in my home I bought our kids. She never fully complied with the order; I do not know where she... Read more »
answered on Mar 25, 2021
It's a good theory but ultimately not allowed - support and visitation are two separate issues in the eyes of the court. Support should still be paid as ordered, and a show-cause may be appropriate for the violation of the visitation order. Speak with a local family law attorney about how to... Read more »
The paperwork states, “Neither party shall expose the child to a paramour on an overnight basis..” Overnight is defined as of 8pm-8am. Would violating this order, with the support of evidence/proof be grounds to overturn a existing custody agreement?
answered on Mar 25, 2021
If someone is violating a court order, the remedy is to file a "motion for a rule to show cause" - basically, a request for the other side to be held in contempt of court. Some violations may give rise to grounds to amend a custody order. Consult with a family law attorney in your area... Read more »
My ex spouse filed for child support before we divorced (I have made every payment) and during our divorce we renegotiated our payments VIA our LAWYERS. I filed the official divorce decree that was signed by a JUDGE with the juvenile court in Chesapeake, VA which I was told to do by my lawyers so... Read more »
answered on Mar 16, 2021
Parents cannot effectively bargain away their children's rights to child support. While a court will consider a written agreement between the parties, it is not binding on the court, and the court can order whatever amount is deemed appropriate after calculating the presumptively correct... Read more »
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.
answered on Mar 2, 2021
Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.
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 »
I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.
answered on Feb 27, 2021
Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.
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 »
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.
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