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Virginia Family Law Questions & Answers
1 Answer | Asked in Family Law and Health Care Law for Virginia on
Q: I need help finding a lawyer to represent me.

negotiate on my behalf with a fertility clinic

personal injury

medical malpractice

wrongful death

Richard Sternberg
Richard Sternberg
answered on Jan 15, 2025

I’ve written this same answer several times on Quora, and I don’t have enough time to rewrite it, so, I’m offering a re-publication from September 2, 2018:

“Lawyers are supposed to aid in the administration of justice, so here are a few ideas:

1. Ask a lawyer you know and...
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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: For divorce case in Virginia, how to split the individual 401k of spouse?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jan 14, 2025

Retirement plans governed by ERISA, the Employee Retirement Income Security Act of 1974, are divided by a special court order known as a QDRO, or Qualified Domestic Relations Order. The specific division itself should appear in a separation agreement and/or final decree of divorce. Typically, one... View More

0 Answers | Asked in Family Law and Child Custody for Virginia on
Q: What is the best way to move a Custody agreement from Texas to Virginia?

The original custody agreement is in Texas. Neither my Ex or Myself have lived in Texas since around 2013-2014. We have joint conservatorship with my Ex having primary (her in MD, me in VA). In 2024, my child attempted to overdose on cold medication while in school. His therapist recommended a... View More

0 Answers | Asked in Criminal Law, Family Law and Animal / Dog Law for Virginia on
Q: How to dismiss cases that are discriminatory against me with blatant proof of false accusations & malicious prosecution

My wife and I were wrongfully arrested falsely accused and she was beaten by 3 roanoke county cops while inwas transferred to roanoke city on grand larceny charges for a uhaul i had legally rented out they say was stolen cause it was supposedly a day late when it was due Nov 1 2024 and was reported... View More

1 Answer | Asked in Family Law for Virginia on
Q: I need help with getting my birth certificate. The Department of vital records can't locate my birth certificate

I'm 41 and the last name that I've used is not matching the last name on the birth certificate that vital records is saying is mine. It has my father's last name on,but the birth certificate that I've used my whole life has my mother's last name but they can't locate my birth cer

Richard Sternberg
Richard Sternberg
answered on Jan 6, 2025

I'm not sure this is a legal problem unless you need to file a Change of Name lawsuit to square up the vital records. My guess is that your parents were not married at your birth, and the father was not publicly identified, so the first birth certificate -- the one your mother gave you -- has... View More

0 Answers | Asked in Family Law and Child Custody for Virginia on
Q: Child abduction

So my child went overseas with their mom and came back 3 years later and now he does not want to go back home to his mom. What are my legal rights

1 Answer | Asked in Family Law, Estate Planning and Probate for Virginia on
Q: If a sibling dies by suicide and I'm the next of kin, do I hold any legal responsibilities
Richard Sternberg
Richard Sternberg
answered on Dec 30, 2024

The cause of death is not material. If you are the closest relative, as in this case might be if your sibling had no issue (including adoptees) or living parents, you are the most eligible to probate the sibling's estate. You have no duty to do this, and you might decline if the sibling had no... View More

1 Answer | Asked in Family Law for Virginia on
Q: If I have sole custody of my son and during one of the drop offs we have to agree on a time and we do not and he tells

Me he won’t drop him off till 9:30 pm and I disagree but he won’t compromise what can I do ?

Richard Sternberg
Richard Sternberg
answered on Dec 14, 2024

What does your agreement say about time? If nothing about time or "daylight" or similar, then he is right and you are wrong. Either follow the agreement or move to amend it.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My sons grandfather is on trial for a sting operation involving 2 counts of soliciting a minor.

Can I keep my son away from him even of he's found innocent? I have final say in the custody agreement.

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2024

Grandparents do not have automatic visitation rights in Virginia. They must petition the court if they are being denied visitation by the child's parent. I would think that such a petition would fail, given the charges against him. The legal standard in a criminal case is different, and so an... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: 13yo daughter desperately wants us to have full custody of her and get away from her train wreck of a mother.

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

Richard Sternberg
Richard Sternberg
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.

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
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.
PREMIUM
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.
PREMIUM
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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