No. The Miranda warnings are require during custodial interrogation. However ifyou are in a consensual non-custodial conversation with police, there isno rquirement that the police issue the Miranda warnings. The issue is going to be whether or not the police interaction with you was... View More

As a general rule, it takes a court order to change a court order. So, you have to keep paying the ordered amount of support until a new order says otherwise.

However, whether to modify support depends upon what the new support would be. Sometimes the current support for three children may... View More

You can hire a lawyer to file a custody petition with your local court before the child has been away for a significant period of time. Consult a lawyer soon.

You can try to involve the police again to see if her harassment rises to the level of a criminal charge. I am not sure if it will, but it's a place to start. As to the custody issues here, this situation might be enough of a problem to address whether or not your daughter should be around... View More

Va. Code § 20-124.3. Best interests of the child

Many parents see "8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;" and want to drag their child to court to... View More

Interesting question. I am picking up that you are "fully divorced" since she's a subsequent wife. She would need to be a party to the discussion/dispute to have a say in these matters, and most likely she is not--since the issues pertain to a past marriage and your current minor... View More

This is a sticky question. You are still a minor, and your mother is your mother. Assuming she has legal custody, she has a say in what is done with you, certainly in where you reside. That said, it appears that most Judges will not force a minor child of your age, who can drive for example, to... View More

Depends upon the scope of "any decisions". Unless ordered by a court, she has no rights of legal custody. She will probably make decisions about bedtime and meals. She should not be deciding courses of medical treatment, religious upbringing, etc.

In a dispute over physical custody of a child, the Court would make decisions based on the best interest of the child,considering a number of factors in reaching a decision. The Court would also make decisions regarding visitation and child support payments of the non-custodial parent. Irecommend... View More

If you have shared custody of your child and you remarry, unless there is some reason that the man is not good for your child, this event should have no effect on your custodial arrangement.

She can move at age 18 because she is an adult.

It would also terminate the obligation of child support. Even though she is still in high school, she would not be residing with the parent who would be receiving child support.

The court will award custody based on the best interests of the child. Depending on what evidence the court hears, it will determine the custody situation that is best for the child. Speak to an attorney to get specific advice on your situation.

Child support is about your obligation to the child. You have an obligation in Virginia to support the child until they are 18 (19 if they are still in high school). So whether you ex is with someone else, remarried, has additional children, etc. you still have an obligation to support your... View More

What does your custody order specify? If the order does not give him the right to relocate out of state, then you have the right to file a Motion to Enjoin to ask the court to stop him from moving. Speak to a lawyer to determine what your option are.

Is there a current custody and visitation order in place? If so, then the easiest thing would be to have visitation during your son's visitation time. If not, you son can file for custody and visitation so that a visitation schedule is set, and again, you could see your grandson during your... View More

If you have a court order that allows you to have overnight visits, then she is violating the order. If there is no court order, then you both have rights to the child and you should consider filing for custody and visitation. Talk to an attorney to discuss the facts of your case.

You cannot be forced to stay in contact with your son, but that's likely not the best result for him or you. With the help of Counsel, you can most likely craft an agreement or an Order to have the exchanges with the mother in public places or with a witness present. Although this can cause... View More

The police would have to bring charges within one year of the incident. The type of proof necessary could be the girlfriend's statements or other witness statements or pictures of injuries.

A proper divorce filing in Va. requires one of the parties to have been a resident and domiciliary of Va. for the six month period immediately prior to filing. If that is to be you, you cannot leave before filing. If the other party can meet the residence/domicile requirement, you are fine to... View More

Yes.

Va. Code § 20-124.2

"B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in... View More