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Virginia Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Virginia on
Q: My 16yr old daughter wants to change her last name to her step father's name. Her father refuses to let her.

When she was 13 she started refusing to see him because she didn't like how he treated her. He never tried to see her or fix the relationship. He's in Maine we moved to VA almost 3yrs ago. He came to VA last yr for a week saw her for 2 hrs then refused to come see her again it broke her... View More

Steve Miyares
Steve Miyares
answered on Apr 18, 2017

Once your daughter turns 18 she is legally competent to change her name and will not need any parental approval to do so. Once she reaches her 18th birthday then she can retain an attorney to have her name legally changed regardless of what her biological father says.

1 Answer | Asked in Child Custody for Virginia on
Q: Virginia. I got a summons from the court to to appear fir a child custody hearing.

My mother wants to get custody of my 3 kids ages 2-10 and im willing to give up my rights to them . And there fathers in not on the birth certificate i just want to know what to expect in court . And how many courts will therr need to be for all of it

Gary D. Godman
Gary D. Godman
answered on Apr 6, 2017

Just because the father is not on the birth certificate does not mean he is not the father. He is a necessary party to the proceedings and will likely be required to have notice. The number of hearings depends on the complexity of finding him and his willingness to cooperate. Your mother should... View More

1 Answer | Asked in Child Custody for Virginia on
Q: What will happen in court if my mother is trying to get custody of my kids and i am willing to give them to her?

I moved out a year ago n left my kids with her . I just want to know what will happen in court . Will i just need to sign n it be done?

Gary D. Godman
Gary D. Godman
answered on Mar 29, 2017

If the parties are in agreement, it is more likely that the court will agree. However, you don't mention if the other parent agrees to the custody placement. That person has to be noticed and served with paperwork about the hearing, and their position could change the outcome.

1 Answer | Asked in Child Custody for Virginia on
Q: spouse is moving to wv from va with our 2 kids there is no custody agreement in place yet hadn't went to court. can she

go if i haventagreed

Gary D. Godman
Gary D. Godman
answered on Mar 22, 2017

If the kids have lived in Virginia for more than 6 months, then Virginia is probably considered their "home state," and you could file an action in the appropriate Juvenile & Domestic Relations Court to either prevent the move or require the children be returned to Virginia. Talk to... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Would I be able to send my daugghter to live with her aunt and Florida and go to school there? She is 15 and it's best.

I live in Virginia with my three other kids, their dad has passed away. They would stay with me and she would visit whenever.

Gary D. Godman
Gary D. Godman
answered on Mar 19, 2017

If there is no other parent to object, then you as the surviving parent are able to make these decisions. You may wish to contact a family law attorney to draft a Power of Attorney to give her aunt authority to manage daughter's affairs - otherwise, aunt may not be able to do things like get... View More

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: custody is final dad owes alot of back child support now he is trying to take kids can he

It's final at my say so if he gets to see them or not he does not help with them he owes 40000 in back support he is taking me to court to try and take kids has a crimal record including drug charges has a child abuse case on him with one of the kids he has threatened he would take them from... View More

Gary D. Godman
Gary D. Godman
answered on Mar 19, 2017

He can certainly file for a custody change, but that does not mean he will receive what he is asking for. If you receive a summons, speak with a family law attorney in your area.

1 Answer | Asked in Child Custody for Virginia on
Q: if discovery is granted in a custody case involving a grandparent and the grandparent asks for a copy of a Power of

attorney document to be provided do I have to do that. This grandparent has attempted for three years to see this POA

Gary D. Godman
Gary D. Godman
answered on Mar 19, 2017

If the POA is relevant to the case (and lots of things are relevant in a custody case), then you may have to turn it over. If there is a ground to object to turning over the item requested, you may be able to object within the 21 day limit of discovery. Consult with a family law attorney -... View More

1 Answer | Asked in Divorce and Child Custody for Virginia on
Q: can I move out of state with my two children?

I'm thinking about divorcing my husband. We live in VA and have two young children. Can I move with my children out of state before a legal separation or divorce has been filed?

Gary D. Godman
Gary D. Godman
answered on Mar 10, 2017

If you attempt to relocate the children, the father will be able to go to the local Juvenile & Domestic Relations Court in VA and request an emergency hearing based on a custody petition to either stop the move or force you to return the children to him in VA. The JDR court can hear... View More

1 Answer | Asked in Child Custody for Virginia on
Q: My mom has had custody of my twins for 7 years and my youngest forb18 months i was incarcerated when i had the youngest

How do i get custody of all 3 children back

Gary D. Godman
Gary D. Godman
answered on Mar 9, 2017

To change a custody order, a party has to show that 1) there has been a "material change of circumstances" since the entry of the last order (i.e. something big has happened or several small issues have been resolved) and 2) the requested change in custody is in the child's best... View More

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: im a 16 year old in virginia. I am wanting to live with my mom but my dad has custody what can i do?
Gary D. Godman
Gary D. Godman
answered on Mar 1, 2017

From your point of view, there is not much you can do personally. If either parent files with the court to change the order, it's likely a guardian ad litem will be appointed to represent your interests and talk with you about what you would like to happen. However, the child's... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Can a judge give full custody without talking about it
Gary D. Godman
Gary D. Godman
answered on Feb 24, 2017

Normally, the judge is supposed to communicate the basis for a custody decision either orally or in writing. There are some exceptions. Without more information, it's not possible to guess what exactly happened in your situation. If you disagree with a custody order, you may be able to... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Changing primary custody in multi-state situation.

Ex and I have joint with her having primary physical custody... My son is 13 and wishes to live with me full time. I fear for his welfare, example... she works as a realtor and is never available to help with school and such... my son, in attempt for attention took several ibuprofen... she refused... View More

Gary D. Godman
Gary D. Godman
answered on Feb 20, 2017

Lots of questions that an attorney needs to know in a private consultation in your situation - what state issued the current custody order? If it wasn't in VA, how long has the child lived in VA? If he is in school, is it appropriate to try to change custody in the middle of the school year?... View More

1 Answer | Asked in Child Custody for Virginia on
Q: when going for custody does one parent have to have physical if both are living together?
Gary D. Godman
Gary D. Godman
answered on Mar 3, 2017

Generally, if the parents live together, there is no reason for the court to decide between them, and joint legal and physical custody will be ordered or the case will be dismissed. Sometimes, extenuating circumstances, such as drug use, could necessitate an order, but it is not common. Talk with... View More

1 Answer | Asked in Child Custody for Virginia on
Q: I have a custody agreement in the state of VA. Can I transfer it to the state of GA?

My ex and I divorced I'm VA. He is stationed in CA and I wanted to move close to my family for better support. I have two children, one with special needs.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Dec 1, 2016

Yes, but you should talk to a Georgia attorney to find out the process.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: I want to have the custody agreement changed, but am unsure if I have enough of a basis for it in the eyes of the court.

My ex husband has stopped paying child support and last week, refused to take the children (ages 11, 14) due to the fact that he is "broke". He texted me to tell me that he soon will not be able to keep the children on his weekends because he will be getting roommates and the children... View More

Gary D. Godman
Gary D. Godman
answered on Nov 17, 2016

There are a lot of unknowns in this scenario - will dad have a new job soon, will dad actually get roommates, will dad really give up weekend visits, etc. While there is no specific formula for deciding what is a "material change in circumstances" justifying a change in... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Virginia on
Q: no court order, no child support. Do I have to notify my ex where I move with my kids inside the state?

I have 2 girls and we live in Va, moving to a different city in VA and he lives in MD. We are still married but separated for over 2 yrs now. He has been harassing and threaten me, my girls and my family. I refuse to give him our new address of where we move being afraid he might show up and... View More

Gary D. Godman
Gary D. Godman
answered on Nov 14, 2016

It doesn't seem like you have a requirement in place to notify the other parent, but be aware that nothing appears to be stopping him from filing a petition in court to have a judge decide on custody and visitation. Consider meeting with a family law attorney if the case ends up in court.

1 Answer | Asked in Child Custody for Virginia on
Q: My daughter and I have joint custody of my grandson. My daughter passed away. Does the joint custody paper still hold?

or do I need to petition the court for legal custody? His father is also deceased.

Gary D. Godman
Gary D. Godman
answered on Nov 9, 2016

It depends what you mean by "joint custody paper." If it is a court order, then you would remain as the custodian. If it was a written agreement between you and the mother, you might not have any legal authority over the child. Reach out to a family law attorney to review the paperwork... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Mother in law was awarded Temporary Custody how can I get this changed?

She filed after my wife OD, the situation has changed dramatically and I have provided all support to my children since this incident. She did this without my knowledge and told my wife that I knew.

Gary D. Godman
Gary D. Godman
answered on Nov 3, 2016

You likely need to wait until the final hearing to present your case to the judge as to why the children should be returned to you instead of being in grandmother's custody. Consult with a family law attorney to discuss the facts of the case and see if there is a reason to request an... View More

1 Answer | Asked in Child Custody for Virginia on
Q: If i live in Chesapeake va and my son lives in Suffolk va where do I go to file custody
Gary D. Godman
Gary D. Godman
answered on Sep 26, 2016

The most appropriate place to file is where the child lives. You can read the applicable law at this link, part (A)(1)(b):

http://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-243/.

1 Answer | Asked in Child Custody for Virginia on
Q: Is it likely I could get full physical custody of my children at the age of 4 and 6
Gary D. Godman
Gary D. Godman
answered on Sep 15, 2016

It's impossible to guess without knowing all the facts and circumstances around the case. You can review the factors a judge would consider here: http://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/. Consult with a family law attorney to discuss your case in person.

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