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... View More

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... View More

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... View More

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answered on Nov 20, 2021

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

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... View More

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... View More

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

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... View More

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... View More

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... View More

If someone is violating a court order, the remedy is to file a "motion for a rule to show cause" - basically, a request for the other side to be held in contempt of court. Some violations may give rise to grounds to amend a custody order. Consult with a family law attorney in your area... View More

Parents cannot effectively bargain away their children's rights to child support. While a court will consider a written agreement between the parties, it is not binding on the court, and the court can order whatever amount is deemed appropriate after calculating the presumptively correct... View More

Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.

Child custody, visitation and support matters can always be amended, provided that there is a material change in circumstance since the entry of the last order. Material change in circumstance can be a gray area in the law and I recommend that you seek legal advice from an experienced family law... View More

Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.

In order to properly answer your question, there is more information that is needed. I would recommend that you consult with an experienced family law attorney to review the current issues you are facing with the child support and health insurance.

Typically a court would have the parties share travel; however, there are a lot of factors that can cause a court to deviate from sharing travel expenses. More information would be needed to provide a proper analysis. I would recommend that you consult with an experienced family law attorney to... View More

Typically, the current order that is in place still stands and must be followed until a judge rules differently. However, it sounds as though you may have a good faith basis to file for an emergency hearing (that would advance the case on the docket) to address the current situation. I would... View More

No. Your time is yours. See Eichelberger v. Eichelberger, 2 Va.App. 409, 345 S.E.2d 10 (Va. App., 1986).

The expenses are "agreed upon" expenses. Don't agree to expenses the require activities on your weekend if you don't want to do them.

You should consult an attorney to review all the facts of your situation and determine if filing a police report would be a good idea and also discuss your options of having formal custody.