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Virginia Family Law Questions & Answers
0 Answers | Asked in Family Law and Adoption for Virginia on
Q: Can anyone help me find a probono lawyer to sue the department of social services and individual workers, please?

Also, to sue the foster parents/adoption parents for violating the paca agreement. I have 2 cases against dss. And 1 case for the paca agreement.

1 Answer | Asked in Education Law and Family Law for Virginia on
Q: What does the law say about running away from home at 18 if you are still in high school? Would truancy laws apply?
David G. Parker
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answered on Oct 25, 2024

Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More

0 Answers | Asked in Family Law for Virginia on
Q: I need a lawyer for a partition. Someone i could make payments too.

In the Staunton VA area

1 Answer | Asked in Family Law and Domestic Violence for Virginia on
Q: Can I get a VA Protective order for stalking/harassment without a specific threat of bodily harm?

I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a... View More

David G. Parker
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answered on Oct 23, 2024

As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as... View More

0 Answers | Asked in Landlord - Tenant and Family Law for Virginia on
Q: Me and my roommate on disability are being evicted. I take care if my mom with dementia here at home. Ran out of money

Didn't realize i needed to get power of attorney to be able yo do anything. I'm at a loss and broke. I'm trying to get a job . Mom has a home in maine we can live in but need to make money to move. What can I do

0 Answers | Asked in Family Law for Virginia on
Q: Can a parent condoned and allowed 15 yrs old to have sex in their house, while they were there in VA?

Two 15 year olds are having sex, boys parents bought condoms and told them it was fine to do it in his room at their house. Girls parents had prior conversations before allowing her to visit their home, asking what their thoughts were on supervision while visiting, both parties agreed teens were... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: My husband has power of attorney over his uncle whom is in a nursing home, he is mentally fine but physically not.

His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More

Richard Sternberg
Richard Sternberg
answered on Oct 7, 2024

The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Virginia on
Q: My mother passed away in Virginia and have been told there was a will.

I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 27, 2024

One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More

1 Answer | Asked in Family Law for Virginia on
Q: I retained my lawyer 3 weeks ago after my consult, and I have yet to receive any followup communication. is this normal?

I have left several voicemails requesting an estimate to time frame.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 15, 2024

It is important for a lawyer and his or her client to discuss expectations regarding communications and the preferred method of communication. In general, lawyers communicate with clients when it is necessary to the purpose of representation. Some lawyers and clients prefer e-mail, some prefer... View More

1 Answer | Asked in Family Law, Immigration Law and Adoption for Virginia on
Q: How do I adopt my girlfriends teenage son whose father lives in the Philippines. The father is not a US citizen.

The father has no legal or physical custody rights.

James L. Arrasmith
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answered on Sep 11, 2024

To adopt your girlfriend's teenage son, you will need to follow Virginia's adoption process, which involves several legal steps. Since the father is not a U.S. citizen and resides in the Philippines without custody rights, you must obtain his consent or establish that his consent is not... View More

1 Answer | Asked in Family Law and Probate for Virginia on
Q: my father pass away, his brother becomes the primary representative of estate.dose he become the owner off the belonging

uncle is saying all of my deceased dad’s belongings are his

Richard Sternberg
Richard Sternberg
answered on Aug 27, 2024

You need to sit down with a lawyer experienced in Virginia probate law to review the Will, if any, the property deeds, if any, the family tree, and the other assets your father owned. If your father had a wife or children and no Will, his brother is not in his intestate succession. But, if you let... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Virginia on
Q: Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense?

Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense? Charge and conviction happened in 2009 and I’m looking to see if I can have it deferred pursuant of 18.2-57.3. Any clarification would be greatly appreciated.

David G. Parker
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answered on Aug 14, 2024

Unfortunately, the first offender statute only applies to a case before it's adjudicated. It sounds like you were convicted many years ago and so it is now too late to seek a deferral under 18.2-57.3.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My ex and I have 2 kids together. She moved 45 mi away from me. I live in the family home. I want 50/50, should I move?

We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.

Quillyn Zebedeo
Quillyn Zebedeo
answered on Jun 28, 2024

Custody is determined based on the best interest of the child, of which there are several factors the court will look at. Moving your place of residence to be closer to your child would likely be considered by a court, however, it would not be the sole factor in its determination.

1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits paid monthly

Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?

Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More

James L. Arrasmith
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answered on Jun 15, 2024

Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Virginia on
Q: what are the stipulations of a capias order being recalled in circuit court
James L. Arrasmith
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answered on Jun 3, 2024

To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: If I have Primary custody of my daughter but share legal custody with every other weekend visitation with her mother

Is she allowed to vist her at school every week for lunch?

Daniel J. Miller
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answered on Jun 10, 2024

It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More

1 Answer | Asked in Family Law for Virginia on
Q: How do I amend my birthdate on my marriage certificate
Daniel J. Miller
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answered on Jun 10, 2024

Virginia code § 20-16.1 authorizes the clerk or deputy clerk of a circuit court of any county or city to amend the record. The process will vary by county, for example Loudon county allows you to schedule an appointment with the clerk, whereas Fairfax county requires you to attend a court hearing... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: Is gun prohibition in a New Jersey restraining order (civil case only) enforced in West Virginia? I'm moving there soon.

I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More

Daniel J. Miller
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answered on Jun 6, 2024

This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.

1 Answer | Asked in Family Law and Collections for Virginia on
Q: Do I notify a debt collector of who the executor is if it isn’t me if they haven’t asked but are sending me letters?

My wife was the POA for her eldest sister who was in a nursing home in Kentucky for 9 months before her death in 2022. Her other sister is the executor. I do not believe that she has settled the estate but there are no assets. Apparently Medicaid must have been denied because we are getting... View More

Richard Sternberg
Richard Sternberg
answered on May 2, 2024

You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More

2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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