Get free answers to your Child Custody legal questions from lawyers in your area.
Would I need to go back to court to get the support taken off since its in my divorce decree? She is also agreeing to give them to me via text messages. I will still pay spousal support.
answered on Feb 6, 2018
You would need to ask the court for a modification in child support given the new custody arrangements.
His not even allowed to have friends over when she’s there. His an amazing dad and she is using their daughter to keep him from being in a relationship. Can’t he do something?
answered on Feb 5, 2018
Cohabitation is frowned upon for custody and visitation purposes. If father has a girlfriend, father should either marry girlfriend or not have her around the kids.
My wife and i got married in NY before gay marry was legal in Va. Right after we got married she gave birth to our son. To do some legal things that happened custody of him was split between her and her mother. We have been separated for about two years now (not legally), in tgat time ivbeen trying... View More 
answered on Feb 4, 2018
There are several questions that a lawyer would have before being able to answer your question including, but not limited to, who the donor for the child was, whether there was any contract entered into between the parties, and whether there was a court involved with her grandmother. There is not... View More
i had to take him to the hospital and to a med express and his fathers insurance only covers part of the visit and now i am receiving bills in my childs name for over 1000. i don't have that kind of money and he is only paying 324 in child support a month and i use that to cover all his other... View More
answered on Jan 30, 2018
Unless you have a court order or written agreement that says otherwise, he should be paying his proportional share of unreimbursed medical expenses. His proportional share is based off of the income shares of both parties. Please consult an attorney for more specific advice regarding your... View More
After I switched positions a few years ago my new insurer rejected my step son. They want me to provide a court order showing that I am legally obligated to have him on my insurance. What type of court order or documentation should I pursue?
answered on Jan 26, 2018
Do you have an order that grants you custody or obligates you to pay child support? The court can not obligate you to pay for a child that is not yours either biologically or by adoption, so they most likely can not give you an order obligating you to provide insurance. Most insurers will not... View More
answered on Jan 24, 2018
An adoption confers on her the legal rights and responsibilities as a parent.
Va. Code § 20-124.2 says "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... View More
The judge said this verbally, and didnt document the decision.
answered on Jan 21, 2018
Unless it is in a court order, it is hard to enforce such provisions. If the judge forgot to put it in a court order, this can typically be corrected with the proper motion. To file such motion, hire a lawyer.
The mother is concerned a judge would grant overnight visits and the father is hearing impaired and does not hear the baby if he wakes up crying at night (baby is now 5 months old)
answered on Jan 22, 2018
Yes. When deciding custody and visitation, the court considers and applies the best interests of the child factors. Factor 2 is a parent's physical and mental condition.
Va. Code § 20-124.3. Best interests of the child; visitation.
In determining best interests of a child for... View More
I left him due to domestic violence, and since I will not be with him he has abandoned his son for 5 years now. Can I change my son last name to mine?
answered on Jan 20, 2018
This is not a criminal defense question. It is a family law question so I will try to redirect your question to that area of law.
This is being asked for college/FAFSA purposes.
answered on Jan 20, 2018
It is unclear for what purposes you are inquiring. School? Medical? Generally speaking, without seeing the custody order, a lawyer cannot give you a definitive answer. However, it is quite likely that the step father, based solely on the limited information available, has decision making authority... View More
Move is not job dependent.
answered on Jan 20, 2018
This is a question best asked in the state in which the current custody order/agreement is in effect.
In the court order it states he is required to carry insurance and has up until recently he changed jobs and has yet to notify me of this. I am unaware if my child even has insurance at this time. The child support payments have not stopped and this is withdrawal weekly from his pay check per the... View More
answered on Jan 16, 2018
First you should ask the noncustodial parent if there is new insurance, and for all updated insurance cards and information. If there is no insurance, and the court order says the noncustodial parent has to provide insurance, you will need to file a Rule to Show Cause to have the court enforce... View More
Would she get granted the child support?
answered on Jan 18, 2018
In a word, yes. While the Court may deviate from the standard support guidelines if the parents and the children are all living under one roof, it is still an issue that the Court will determine.
has joint legal custody and the couple was never married. I can not afford an attorney. There is a court hearing set in Juvenile and Domestic court in Chesterfield, Va. The police will not step in as they see it as a civil matter. Please help. I have spent over $15,000 in prior custody suits... View More
answered on Jan 16, 2018
Va. Code § 18.2-49.1. Violation of court order regarding custody and visitation; penalty.
A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child's parents or other legal guardian in a clear and significant violation of a court order... View More
fled the State of Va. without having given the father (who has joint legal custody only and was never married to baby mother) 30 days written notice. She states that she and the children (2 others by different fathers and our grand-daughter ) were in danger by her boyfriend. However she withdrew... View More
answered on Jan 12, 2018
You have been given [mostly] accurrate information. The JDR Court is the appropriate place to go. Given the severity of the situation, you should hire a lawyer to file the appropriate paperwork forcing the mother to bring the children back to Virginia.
My son has joint legal custody. I am the grandmother and have visitation. The mother gave no notice; she withdrew my granddaughter from school without my son's consent. She called and told us she was in danger as well as the kids (she has 3) and was fleeing the state. We got the call 11/18/27... View More
answered on Jan 11, 2018
In addition to the civil action you describe, there is also a criminal alternative that you could pursue through the Commonwealth's Attorney Office.
Va. Code § 18.2-49.1. Violation of court order regarding custody and visitation; penalty.
A. Any person who knowingly,... View More
answered on Jan 8, 2018
Yes, all custody arrangements require approval by a court, and a lawyer is necessary to ensure you file everything you need with the court.
My ex and I share legal custody of our children and he has primary physical custody. It's in our court order that we have to give each other 30 days advance written notice before relocating. We also have to notify the courts in Va 30 days in advance. He didn't notify me and told me he was... View More
answered on Jan 8, 2018
The first thing you need to do is hire a lawyer to file the appropriate paperwork to expedite this matter so the Court can enter the appropriate orders.
A friend of a co worker has a 3 week old baby. She recently left an abusive relationship with father. She let the baby's dad take him for the dad and was to be back at a certain time. He is now refusing to bring the child back. What does she need to do legally to get her child back and have... View More
answered on Jan 7, 2018
This is a family law question, not criminal defense. I will transfer your question.
married.
child is 2.
child is with mother full time.
father is out of state.
answered on Jan 6, 2018
It largely depends on whether you have proper service, the type of petition you have filed, and which judge you have. Any one of those three things can impact how the court will likely proceed. A lawyer would need to talk through your full case before giving you a better idea of what to expect.
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