Get free answers to your Child Custody legal questions from lawyers in your area.
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
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.
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
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
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?
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.
go if i haventagreed
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
I live in Virginia with my three other kids, their dad has passed away. They would stay with me and she would visit whenever.
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
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
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.
attorney document to be provided do I have to do that. This grandparent has attempted for three years to see this POA
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
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?
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
How do i get custody of all 3 children back
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
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
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
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
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
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
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.
answered on Dec 1, 2016
Yes, but you should talk to a Georgia attorney to find out the process.
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
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
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
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.
or do I need to petition the court for legal custody? His father is also deceased.
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
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.
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
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/.
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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