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If I do not agree/consent to it, can my ex take our son out of state for a trip to Texas for Christmas?
Other facts: -We are still legally married, pending divorce, no court dates until Feb-April. -We’re both the child’s parents, both have rights, both on the birth certificate. -My son... View More 
My rights was violated on multiple attempts per my 14th amendment by many law officials including judges since 2017 who I have evidence and names on all
Her mother is somewhat unstable and likely bi-polar (opinion) but our oldest daughter left her at 16 and never went back and now our youngest, 13, begs us to not make her go to her house. We have shared custody, half the week with us and half the week with her mother. Her mother has been caught... View More
answered on Nov 18, 2024
I’m not sure what you are asking, but it is obvious that you need to consult with a lawyer who covers child custody and family issues. Seek a lawyer who practices in your judicial circuit.
The lawyer has not returned any calls and he has no clue as to what’s happening. Letters have been sent and thirty or more calls made but nothing. When my mom tried to find out she became nasty stating she is not the client. However she has not reached out to him. What would be the course of... View More
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.
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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
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
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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
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
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
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
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
I have left several voicemails requesting an estimate to time frame.
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
The father has no legal or physical custody rights.
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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
uncle is saying all of my deceased dad’s belongings are his
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
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.
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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.
We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.
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.
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
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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
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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
Is she allowed to vist her at school every week for lunch?
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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
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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
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
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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.
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
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
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