Get free answers to your Child Custody legal questions from lawyers in your area.
What kinds of documentation Will I Need To Present If The Judge May Ask ? Recieved something in the mail about it , Kind Of Stuck Not Sure What To Expect.. Court Date Will Be In Richmond Va
answered on Jan 3, 2018
I can't say what type of documents you might need as each case is different and depends on the facts surrounding the children. You can review the broad factors the judge considers in any Virginia custody hearing here: https://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/... View More
I find out he is not mine what right do I have even though I signed the paternity acknowledgement in the hospital after not sleeping for a day and coming down from PA to see the child who was born early.
answered on Jan 3, 2018
If a father finds out he is not, in fact, the father, in Virginia he can file a motion to disestablish paternity, which can allow for a DNA test. Unfortunately, there is not much to be done about the money that is already paid. That is why if you believe you aren't the father, you should... View More
Mom of step son is moving AGAIN and has failed not notify the courts of the move as of now. What happens if she fails to notify. Is it just a slap on the wrist?
answered on Jan 1, 2018
Depends entirely on your local judge. Some take great offense with failure to notify. Others do not care. What you need to do is consult with a lawyer who is local about the possible outcomes of your case.
Trial ever. Now she doesn’t let me speak to her on Skype FaceTime what’s app .. nothing . Saying that is on her best interest ( she decided that ) I know it’s all out of revenge and hate but is there something I can do?
answered on Jan 3, 2018
Unfortunately, it's impossible to give a general online answer to what is clearly a complicated issue that has already been heard in court. You need to take as much paperwork as possible to a local family law attorney to see what, if anything, can be salvaged at this point.
answered on Jan 3, 2018
Impossible to say without knowing if there is a current court order in effect and what it might say. Have an attorney review the order and give you possible options.
Does this mean that I do have a say in the doctors she sees or the schools she goes too, or even the people she's around?
answered on Dec 30, 2017
There are two types of custody in virginia; physical and legal. Physical refers to where the child resides and spending time with the child. Legal refers to decision making for things like medical, schooling, etc. It gives you a say in these big life choices. If you want a lawyer to review your... View More
My ex since we divorced has moved my daughter to 4 different residences with 3 men, one of which beat her while my daughter was there asleep. I told me ex I was going to take our daughter from her if she didn't move back with her parents. My daughter lives with her and they currently live with... View More
answered on Jan 11, 2018
You will need to file a Petition for Modification of Custody. If you can show that there has been a material change in circumstance since the last Custody order was entered, and that a change in custody is in your daughter's best interest, then you may be able to get the court to make a... View More
Son is 22 months. Dad pays child support but has made no contact for a year and a half. He saw him off and on until my son was four months and after child support was ordered, he disappeared. Can he get joint custody? Also, if visitation is granted, will he get overnight visits?
answered on Dec 28, 2017
Can he? Yes. Will he? That depends largely on the judge you have and the facts of your case. Any lawyer would need to discuss your case for about 30 minutes to an hour to determine the likely outcome. Take some time to schedule a consultation with a lawyer so they can ask you a series of questions... View More
answered on Dec 27, 2017
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 the responsibilities... View More
Visitation order in place but custodial will not follow, there is a current open show cause case to be heard next week. But she didn't follow order again for this holiday. Do I file another show cause or just discuss it at hearing next week with judge.
answered on Dec 26, 2017
Whether the judge will be willing to listen to multiple instances of violation of the same order under one show cause depends largely on the JDR judge you are dealing with. Some are more open than others to listening to everything. Consult a local lawyer familiar with your judge.
answered on Dec 26, 2017
Largely depends on where you are in the process and the facts of the case. Many judges are reluctant to enter an order unless both parties are served and present. It really just depends. Call a lawyer to discuss your case in more detial.
answered on Dec 26, 2017
Are you referring to the non-custodian parent's ability to have parenting time with the child as first selection in the event that the custodial parent is busy and needs a caregiver? That rules does generally get applied in Virginia, but it typically has to be in the actual order. However,... View More
We agreed I’d have first half of eve and second of Christmas. If he refuses to give a time or refuses to give her to me. What can I do?
answered on Dec 24, 2017
If there is an order that is not being obeyed, then that is typically enforced through a process known as a Motion for Rule to Show Cause. Hire a lawyer to help you file that.
answered on Dec 24, 2017
Corporal punishment in Virginia is very limited, and highly fact specific. Even if the activity would not be a crime, a JDR judge may be interested to hear of what is happening. Consult a lawyer.
Around 6 months later, all contact with the mom was terminated, pending things she's not done. If we decide to move out of state, what would we have to do?
answered on Dec 22, 2017
If you have a custody order from a Virginia court, there will be a provision in there somewhere that says something to the effect of "In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty... View More
He wants to get visitation .. But the only legal document he has to her is a dna test and child support of 50 bucks a month (which hes behind on). She doesnt want to see him but he still for some reason wants to go to court. What can I do? Please
answered on Dec 22, 2017
If he has filed a Petition for Visitation the Court will hear his request. You will have to present evidence as to why he should not have visitation, but that doesn't mean the court will agree with you and deny him any visitation.
It's usually her screaming and cussing in the phone on my voicemails over nothing. So I choose not to talk to her. She threatens to take me to court over this. I pay child support and am never behind.
answered on Dec 21, 2017
Depends on what your custody order says. Take it to a lawyer for analysis.
I have done nothing wrong, and take great care of the child but she just doesn't like me and says I can't be around my step son anymore.
answered on Dec 20, 2017
If the current custody order does not restrict your ability to be around your step son, then there is nothing preventing you from being around him.
My ex and I share joint custody of our daughter. We both live in VA. However we both agreed on moving to Cali but live in different areas of the state. Would we have to go to court there and refile custody or can we still follow the original court order given to us by VA if we dont find any issues... View More
answered on Dec 19, 2017
The Virginia Court Order will still be in effect. If you both move to California and an issue arises regarding custody/visitation, you would need to speak to an attorney in California to determine the procedure to enforce the Virginia Order in the California courts.
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