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Virginia Child Custody Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Domestic Violence for Virginia on
Q: Can CPS take children out of the home based on speculations and a dismissed DVP I witch opened a CPS case for A&N???

3 months prior a CPS case was closed out due to no signs or concerns of A&N...

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If my teen decided she no longer wants to go to her father's, do I have to make her?

I have sole custody and her father has a visitation order. She is 14 and we live in the state of Virginia.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Nov 22, 2022

Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... Read more »

0 Answers | Asked in Child Custody and Child Support for Virginia on
Q: Where can I find an attorney who can address child support orders in California and Texas? Father is active duty

Noncustodial patent just returned from deployment to both mothers requesting child support increases (one Texas, other California). Already paying maximum as he military duties have prevented him from being heard in the past. Are there lawyers who can help both states to consider both orders... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: What age does Virginia allow children to make decisions on whether or not they want to see their parents ?

I am thier grandmother and have had custody for nearly 9 years. They have been through a lot mentally and emotionally . Thier mother has seen them once in like 7 years and has not kept contact. The kids are now 11 yrs old and 13 years old. Neither of the kids wants anything to do with her and I do... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Oct 19, 2022

There is no specific age at which a child can express a custody or visitation preference. The Code of Virginia allows such a reasonable preference if the child is of "reasonable intelligence, understanding, age, and experience to express such a preference." When allowed to express a... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: I have sole legal and physical custody, petition for amendment but I'm not recognized as respondent. How can this be ?

I am a paternal great grandmother with custody of my great grandson who has lived with me since birth and will be 14 this October and has never lived with his mother who has petitioned to amend custody and my grandson, the father is currently incarcerated and has been provided a GAL. Neither... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Sep 2, 2022

In Virginia, a motion to modify or amend must reference the existing order and recite its relevant provisions. If a third party has custody or visitation, that person is a necessary party to the proceeding, and must be served with notice. In order to prevail, a person seeking to modify an... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Virginia on
Q: Can my husband marry a second wife overseas? We are married in Islam as well which he’s allowed to marry 4 wives

But at the same time we are legally married in the us

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 11, 2022

The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: VA- Joint custody -required to discuss decisions and parents disagree on child getting driver's permit.

Custody papers only say we must discuss important decisions but does not specify what constitutes important and what happens when we don't agree.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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 »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: How do I find a psych evaluator to provide expert testimony in court that my ex-wife is alienating me from my kids?

I'm in Northern VA, it's been a challenge to find someone who can competently evaluate parental alienation.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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 »

1 Answer | Asked in Child Custody for Virginia on
Q: Reference Custody and Visitation. I went to court on December 14, 2021, when does a custody order go into effect?

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 »

Sonja Aoun
Sonja Aoun
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 »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: In 50/50 custody, can mother refuse to allow children to be on fathers employer health insurance?

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 »

Sonja Aoun
Sonja Aoun
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 »

1 Answer | Asked in Divorce and Child Custody for Virginia on
Q: Can I get a woman who tried to run my 8 year old and me off the road listed as an excluded adult on the visitation order

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 »

Sonja Aoun
Sonja Aoun
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 »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can grandparents who have never had a relationship with their grandchild of a single parent get awarded visitation?

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 »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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 »

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Virginia on
Q: Petitioner of no-contact order had me violated for text messages I sent her, but she texted me too before and after then

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 »

Daniel P Leavitt
Daniel P Leavitt
answered on Nov 20, 2021

Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Do I have to let my 2 year old and 3 year old go back to my husband and his girlfriend's home after she failed cps drug

Test. I have schedule an appointment to file for custody on October 7th. There is no custody agreement between is at this point.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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 »

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: If I had a marital settlement agreement in Florida is it possible to have custody modified in Va

Ex filed registration in VA and immediately turned into modification of custody and JD&R proceeded without proper jurisdiction. Is that possible?

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
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 »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can My Father Still control what I do at 18 years of age?

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?

Michael Christopher Miller
Michael Christopher Miller
answered on Aug 5, 2021

If you are 18, you can live wherever you want.

1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

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 »

Tim Akpinar
Tim Akpinar
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 »

1 Answer | Asked in Child Custody for Virginia on
Q: I share 50/50 legal custody and have visitation in VA, I recently remarried. Can my wife to get kid info on my behalf?

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.

Sonja Aoun
Sonja Aoun
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 »

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: I have joint custody and pay child support. The mother is withholding the kids. Can I put child support in escrow?

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 »

Gary D. Godman
Gary D. Godman
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 »

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