Get free answers to your Child Custody legal questions from lawyers in your area.
There was sexual assault in the home. Mother no longer lives there and there is a court case with the stepfather begining. Both children have come to me and dont want to go back to there mothers. Because the place they live now the have no privacy or have there own room. Plus the other adults are... View More 
answered on Feb 19, 2021
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
Can ex plan activities on my scheduled visitation days? My 'Parenting Time' is every other weekend but we have an Activities section in our agreement. It states "The parties shall equally share any reasonable and necessary expenses for agreed upon extracurricular activities for the... View More
answered on Dec 29, 2020
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.
What steps do I take in getting them back home?
answered on Sep 10, 2020
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.
My significant other says he will call law enforcement and say I kidnapped my own son if I take him to Florida to visit with my family. We are not married, can I leagally take my son and unborn child to florida without his permission?
answered on Aug 20, 2020
Unless and until there is a court order, both biological parents have equal rights to and responsibilities for their child(ren). Either could travel with the child for a family visit within the U.S. If there is a court order in place, taking against the terms of the order might be considered... View More
Can parent request to the courts that visitation is in state
answered on Jun 15, 2020
Generally, a parent can exercise their parenting time as they wish, within reason and within the welfare of the child.
So, the parent can leave the state, etc. so long as they are back in time for the next visitation exchange.
That being said, there are agreements and court orders... View More
I have full legal custody of my two daughters. I moved on to Texas and signed a six-month long power of attorney over to my sister who lives in Virginia Beach so my girls can finish school. My sister is now telling me I am not allowed to get my daughters that she is going to keep them. Shes... View More
answered on May 26, 2020
Certain powers are non-delegable - they cannot be given to someone else because of the personal nature of the power. You cannot effectively give parenting power by a power of attorney to someone. I am surprised anyone accepted your sister's power of attorney for you. Even parents, with... View More
My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... View More
answered on May 26, 2020
I regret that I do not handle protective order case or domestic relations matters. Sorry.
I will be a senior in high school and a sophomore in community college when I turn 18. I have a place to stay, a job, a truck, and a way to work out financial aid for school and keep up with insurances.
answered on May 18, 2020
At age 18, you are legally an adult. You get to make your decisions, and live with the consequences.
Good luck to you.
The landlord is on my side, but how do I legally get him to move out, since he won’t leave on his own. We also have an almost 2 yr old daughter and I want to have full custody of her. He is a convicted felon x2 and on probation.
answered on May 16, 2020
I regret that I do not handle domestic relations or child custody matters. Sorry. If you and the faster of the child are both on the lease, the landlord will have to proceed in Court to ask the Court enter an order for possession against him. You need to work with the landlord on that issue. It... View More
answered on May 8, 2020
The different worksheets would have been (i) sole/joint and (ii) shared. There could also be split where some children reside with one parent, and the rest with the other parent.
If both parents have custody more than 90 days, then the shared worksheet is used.
Otherwise, use the... View More
answered on Apr 27, 2020
Your girlfriend can move wherever she wants. The courts only have authority to decide where children live.
If the child is unborn, there is no custody order possible.
If custody does become an issue, then the UCCJEA will dictate that the court in the jurisdiction where the child has... View More
It’s almost been 1 year and I was ready to file in VA but I’m reading MD is better for child support. Is this correct?
answered on Apr 24, 2020
Your choice of court is not determined by gained benefit but rather jurisdiction.
If you live in Va for six months, you can file for divorce only, i.e., terminate the marriage, but nothing more.
If you want to do property, financial, money matters, etc., you need personal... View More
I live in the VA/DC area and my children live in Wisconsin. The divorce hearing was in Wisconsin over 2 years ago and I feel that gaining placement and custody would be in the best interest of my 3 children due to the custodial parent denying my placement 3 times now. She has also been feeding my... View More
answered on Apr 16, 2020
You could retain a local lawyer to represent you in Wisconsin. However, that lawyer would either have to be also barred/licensed in Wisconsin, or be admitted pro hac vice, i.e., sponsored by a Wisconsin lawyer for temporary practice in Wisconsin.
Also, keep in mind that it will be expensive... View More
A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will
answered on Mar 26, 2020
At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.
The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.
My daughter just turned 18 and recently moved out of her mothers house and asked to live with me. Am i still obligated to pay child support to her mother? If so, what do I need to do to modify support arrangements?
answered on Mar 16, 2020
Your child support order from the court should indicate the cut-off time frame for when you can stop paying child support. If the support order says that you pay until she turns 18, then the obligation has ended. If you find the child support order, and it does not have a limit to your daughter... View More
Child’s father lives in another state. Has two other kids he flaunts and takes care of but does not do anything for our daughter even when we were living in the same city. His name is not on her birth certificate. Husband has been taking care of my daughter for almost her whole life.
answered on Dec 18, 2019
Va. Code § 8.01-217. How name of person may be changed.
A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such... View More
answered on Dec 5, 2019
An order would only need to be signed by a judge, and they are not typically notarized.
Agreements between parents are usually notarized, though they need not be as long as it is a signed writing, and enforceable as provided in the agreement.
Can father get emergency custody after mother has had child for 13years and been to court twice and remains custodial parent
answered on Oct 30, 2019
The court views "emergency" as a life or death situation, not someone not wanting to wait their turn.
File a petition to modify custody, and file an emergency motion. The court clerk and/or judge will review them to see if an emergency exists. If so, the court will docket a... View More
Custody juvenile court?
answered on Oct 30, 2019
Are you changing venue as in moving from one county in Va. to another county? Or, are you changing to a new state?
If moving county to county, then Va. Code § 16.1-243(B) applies. "2. Custody and visitation: In custody and visitation cases, if venue lies in one of several cities or... View More
Father have to pay child support
answered on Sep 23, 2019
It depends. The calculations must be run for each situation.
When each parent has at least 90 days custody of a child in Virginia, the shared custody and sole custody child support worksheet calculations are used, with the lesser amount being the presumptively correct amount of child... View More
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