You should help him find an attorney local to the Virginia jurisdiction to assist. Local VA legal aid may also be available, but you would need to contact them soon, as their calendars fill up quickly. He will need to attend court or find an attorney to send in his place for the initial hearing.

It is likely you would have to turn the child over to the parent who has custody unless you file for and receive temporary emergency custody. Generally, you have to apply in the child's home state, which sounds like it could be Michigan, but there are exceptions in true emergencies. The... View More

You've posted your question in the Virginia (VA) forum instead of West Virginia (WV). Try posting your question to that forum.

Generally speaking; if a document is relevant, it is obtained by means of properly issued and approved discovery. For a walkthrough of how to do this, you need to hire an attorney.

It is not likely the Court will agree to prevent the lawful father, who has rights to visit and be with his child, from obtaining her birth certificate and/or social security number. For that matter, he can file with the state to get a copy of the birth certificate himself. You need to be careful... View More

She could certainly try, but generally courts don't accept notes or messages from people not involved in the case. On the other hand, it is important for the court to know if a party is incarcerated. Consider speaking with a local family law attorney.

Generally:

1) A juvenile & domestic relations court in Virginia will refuse to hear a custody case between parents when they live together; and

2) Virginia courts will consider Virginia to be the home state of a child who has continuously resided there for the past six months,... View More

I would say it is likely within the GAL's authority to speak with the child, who is his "previous client." It is also not surprising that the GAL continues to seek information on that child - the situation of this child is relevant to the ongoing custody/visitation cases of the... View More

Whether the child can leave the state depends on the underlying custody order. It's unclear from your facts if there is even a current custody order (which is different from a power of attorney). You really need to take this to a local family law attorney who can flesh out more details and... View More

You are asking what is really a family law question in a criminal law answer area. Go back to "find a lawyer" on this website, click on "family law" and try whatever state court granted the original custody order first to get some answers from attorneys who are familiar with VA law. All the best!

Yes, the judge could order that - whether it is likely depends on the facts and circumstances of the case.

If you have not already done so, consider consulting with a local family law attorney to review the specifics of your situation. Good luck.

Your course of action depends on what paperwork you signed in the past. If there is a court order in effect, it can only be changed by filing a Motion to Amend that order. To win, you would have to show that something significant has happened since the last order (a "material change")... View More

Not only is it possible this could hurt the custody side of the equation; but it is adultery until the divorce is finalized, and may even hurt the divorce proceeding. Your friend needs a lawyer.

Without legal custody, and depending on the court order, the father is likely left with visitation as outlined in the order and access to school and medical records. This generally does not create a duty upon the other parent to help access those records; it usually means he is able to get those... View More

You will have to show that there has been a substantial change in circumstances since the custody order was entered, and you will have to show that living with you is in your daughter's best interest. If you truly believe it's in your daughter's best interest to live with you now, I... View More

18, but then you won't be in either parent's custody. If parents cannot agree on custody where marital discord has resulted in a broken home, either parent can petition the court to determine the custody and visitation of the child. The court may consider the desire of the child in... View More

Even though the parties are unwed, it is possible for the baby to have the father's last name. The last name of the child would be something that is determined when the parties complete the information for the child's birth certificate. However, please be advised that just because the... View More

Essentially, until a purported father appears, the mother has full legal custody without a court order. If the mother knows who the father might be and wants to foreclose some of his rights, a formal order could be pursued. Under such circumstances the mother needs to talk to an attorney about... View More

The visitation rights of grandparents is not gaurenteed under Virginia law, but if there is a custody issue or some other reason the issue would be brought before the court, the court is authorized to grant grandparents visitation rights if it is in the best interests of the child.

Failure to pay support does not preclude a party from seeking some measure of custody. If you handle the matter aggressively you may be able to have the delinquent parent held in contempt. The delinquency will likely have an affect on the outcome of the custody case depending on the judge.