Get free answers to your Child Custody legal questions from lawyers in your area.
If the decree says the parent can't say disparaging remarks in the presence of a child about the other parent, is a text message to the child considered in the presence of?
If my husband's prior divorce and child custody with his ex wife was done in Virginia Beach but neither live there, where are they required to do the custody modification if there needs to be modification? Mother and child live in NC and we live in MD. We have heard 1) it is required that they... View More 
answered on Aug 21, 2017
A state that issues a custody order has continuing, exclusive jurisdiction to modify that order so long as a parent or child subject to the order continues to reside in the state.
When everyone has moved from the issuing state, the state where the child has lived the past six months can... View More
Tells me he is going to take my cell phone and car, and he has installed cameras in our house bc he says now that I "neglect" our child. He gives me an allowance of $100. We had 300,000 in our savings. He is abusive (verbally, mentally, physically) and I have him on video admitting it, so... View More
answered on Jul 14, 2017
In short, you need to contact a family law lawyer immediately. There are many, many ways to discourage and/or to stop this type of abusive and disrespectful behavior, but we need to get started quickly because often the courts are backed up. With you having access to almost no money, a few weeks... View More
The child was born in Tennessee when we were married. We are divorced and she remarried and moved to Virginia and I moved to Georgia.
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answered on Jul 3, 2017
You need to contact an attorney in Virginia to help you.
I receive child support and makes all decision for our child.father is not on the picture at all
answered on Jul 3, 2017
If there is no existing custody order, you file in the child's "home state." The home state is where the child has lived for the past 6 months.
If there is an existing custody order, return to that court. If a person subject to that existing order still resides in the... View More
My 11yr old son was beaten by his father that claims it was a spanking! My son called me and told me of everything that took place, I also have pictures of my son injuries. Charles Cty State Attorney charge him with four abuse and assult charges, I have letters and video of my son crying and having... View More
answered on Jun 15, 2017
The corporal punishment issues will arise in Virginia and Maryland. However, you can always file for a modification of custody in Virginia provided certain elements are met. You should contact an experienced family law attorney to help you though these complex matters. Please feel free to... View More
His father had never been in his life , he refuses to take a DNA test. We can't move on without his information. What should we do
answered on Jun 15, 2017
He can be served by a private process server, or he could be served by publication in a newspaper if the situation is appropriate for that. Talk to a local family law attorney for specific suggestions based on the full facts of your case.
answered on Jun 13, 2017
The Court can make a temporary award of child support in addition to the temporary custody ruling. Absent there being a court order requiring the payment of temporary child support there is no obligation to pay support. You would only have to pay support if the court has ordered a support amount.... View More
Both parents are willing to do it
answered on Jun 12, 2017
With both parents agreeable to you having custody of the child you have several options. Adoption, an agreed custody order or guardianship are just a couple of the options available to you. Each of these options have advantages and disadvantages.
Contact an experienced Virginia Family... View More
My tenant in my rental home is going through a child custody battle. She lives in my rental property in SC. I live in Virginia and I received a Subpoena for a copy of our lease agreement from a lawyer/court in Oklahoma. I thought you could only subpoena court records within the same state/county? I... View More
answered on Jun 9, 2017
Just confirming: The Subpoena is issued by the Oklahoma court and not from a Virginia court based on an Oklahoma request? Look closely at the caption: Are any of the captions from a Virginia court? If not, Oklahoma has no jurisdiction in Virginia, so compliance with the Oklahoma subpoena cannot be... View More
I am the father and have joint custody with liberal visitation.
We have been doing the same schedule for over 4 years.
Her reason for wanting me to drive all the distance is for personal convenience, nothing to do with the well being of the child.
answered on Jun 2, 2017
There is no default rule for who provides transportation. Absent a requirement in a custody/visitation order, this is something that would have to be decided between the parties.
We get overnight Tuesday, Wednesday til 7:30pm and every other weekend.
We have been doing the same set schedule for 4 years of meeting halfway.
The mother is only wanting to make the change for convenience (has nothing to do with the well being of the child)
answered on May 31, 2017
I think your question is one for a divorce attorney to answer. It is not a generally a civil litigation question.
answered on Jun 2, 2017
Can't say without seeing the court order. Often it will contain language that says "summer visitation supersedes regular visitation" or "in addition to regular visitation, dad shall have 2 weeks in the summer." You may want to talk to a local family law attorney if it is unclear.
The birth mom was gonna abort and she used drugs and didn't get any prenatal care for baby and then she was putting child up for adoption because she was too far along and then decided on family adoption. Do I have any chances of being able to keep the child permanently and now the grandmother... View More
answered on May 18, 2017
This is not a question that can be answered with a simple reply on the internet. There is a lot going on with this case, and you need to speak to a local family law attorney to plan your case accordingly. There are many instances where a relative or non-relative can obtain custody of a child, and... View More
he isn't on her birth certificate and he has not been in her life at all and said he wasn't going to be if things doesn't go his way
answered on May 8, 2017
Sure, he can obtain joint legal custody. He can also obtain joint physical custody if the parents live together. If paternity is established and there is no custody order, he has joint legal custody as a matter of fact. Talk to a local family law attorney for more information pertaining to the... View More
And lets her new boyfriend take care of the baby when she is working.
answered on May 4, 2017
It depends on what the current custody/visitation order says. If there is not an order, it sounds like one of the parties should consider filing a petition to have the court set the parameters for how and when visitation should occur, as well as who else can be involved in childcare. Help your... View More
My daughter has been in jail several times and is using drugs again the baby's father is no where to be found how do I go about getting custody?
answered on May 2, 2017
You can file a petition for custody in an appropriate jurisdiction, and you may be able to request an expedited hearing due to the dangers involved for the child. Consider speaking to a family law attorney soon about the specifics of your situation.
answered on May 2, 2017
It may take some leg work, but you could start by finding out what local court placed custody with your grandparents. Then you would have to request your own records from that court, and you may have to do so in person because of the confidentiality requirements of those type of proceedings.... View More
We have come to an agreement and the judge already signed off on the order stating so.
answered on May 2, 2017
If the judge signed a final custody/visitation order, then the GAL's appointment has likely ended (unless the judge extended the GAL's appointment in the final order). If necessary, the GAL may have some post-trial motion to make, but that is rare if the parents have come to an agreement... View More
In this case the father is working 80-90% of the visitation hours and as the mother, I'd like the right to keep my child since I am available to do so.
answered on May 2, 2017
The father has the right to make arrangements for childcare during his parenting time UNLESS the custody/visitation order provides for a "right of first refusal" to allow the non-visiting parent to take the child back in the event the visiting parent is unavailable. Consider talking to a... View More
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