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The father has not had contact with my child since he was 3 months old. I am going for child support and I never have before. In turn, I am quite positive he and his parents will go for visitation. Will my child have to have visitation if he does not want to? He does not want to have anything to... View More 
answered on May 10, 2016
If he files for visitation, he will have to show that what he is asking for is in the child's best interests. The wishes of the child are a factor for the judge to consider in setting visitation, but it is only one of many factors listed in the law under Virginia code 20-124.3... View More
Social services is involved and are saying they will charge my fiancé for contributing to a minor, how can I live with him and get social services off of our back for good?
answered on Apr 26, 2016
You can either get married now with parental permission or wait three months. If social services is involved, they mean business, and contributing to the delinquency of a minor is a Class 1 Misdemeanor punishable by up to 12 months in jail and/or a fine of up to $2500. Don't do anything... View More
My ex-wife has legal and physical custody of our boys 11 and 14. During an disagreement with the 11 YO, she called me to get him saying that he cannot live with her anymore,and that I have to take him. I did and things are fine. Is that child abandonment? If so what can be done? I want legal... View More
answered on Apr 22, 2016
There's a lot going on here that's best suited to a confidential consultation with a family law attorney. There's a difference between "kick out" into dad's custody and literally "kick out" onto the sidewalk, with the latter being much more objectionable... View More
My mother paid the money required to receive a passport/updated passport. I am 18 years old and a legal US citizen. She told me that I am not allowed to keep this passport in my possession because it is not mine, seeing as I did not pay for it. She also stated if I tried to take this passport of my... View More
answered on Apr 20, 2016
Your passport is the property of the US Government and is meant to be held in the possession of the identified person - you. I do not see how she can report it stolen if it is not her own document. Your other option is to report it stolen yourself and pay the fees to receive a new one directly to... View More
My adoption mother bailed him out the same night he got arrested. Over the years, the case wasn't going anywhere and I was convinced by them to drop the charges and come home. Eventually I did and it didn't get better. I'm 23 now and I'm not being raped but I'm sexually... View More
answered on Apr 13, 2016
There doesn't appear to be any reason why you couldn't call the police or go to the magistrate for the ongoing situations (sexual battery) and/or stop going to that home and keep your child out of that home. You may want to get a consultation with an attorney to make a safety plan. Stay safe.
, I want to bring them here to the U.S with me but their passports are expired. What do I need in order for them to come back to the U.S and be enrolled in school. I'm currently 18 turning 19 on sept. 04 and my mother is giving me permission to do so since she has sole custody of them.
answered on Apr 5, 2016
First things first - they need renewed passports. Review the American Citizen Services page at the US Embassy - San Salvador website for requirements: http://sansalvador.usembassy.gov/service.html.
Whether or not mom can give you permission to assume custody would depend on if there is a... View More
We didn't do actual sex, just oral.
answered on Mar 14, 2016
Yes, it would be one of the many versions of sexual assault as the 16-year-old is a child and cannot legally consent to such activity.
In Virginia, i have a 3 year old daughter unmarried. my ex decided to give my daughter her last name (when I expressed how I wanted her to have mine). I have always been in my child's life, since she was born. Now she's getting married and wants to change my daughter's last name to... View More
answered on Mar 14, 2016
To change the child's name, she would have to petition the court for permission. You would be given an opportunity to appear at a hearing to state your objections. The ex would have to prove that a name change is in the child's best interests.
answered on Feb 22, 2016
Generally, once you're 18, you're an adult as far as Virginia is concerned. The state bar has a packet for information that you should look at: http://www.vsb.org/docs/SY18_2015.pdf. Also, realistically, you must have a stable plan for how you're going to support yourself while... View More
Fell asleep at a red light, failed field sobriety tests, blew a .007 at station but I'm 19 charged with DWI . I'm an active duty marine , already got NJPd for it .military is also making me go to alcohol classes. This is my first offense . Is there anyway I can get out of this without to... View More
answered on Feb 11, 2016
There is a specific Virginia Code Section for people under the age of 21 who have been arrested for DUI. Under 18.2-266.1 if you are under 21 and you are driving with a BAC of .02 to .08 you can be found guilty of a Class 1 misdemeanor which is punishable by up to 12 months in jail and a $2500... View More
she is 7 and has visited her father for 5 years the full custody just went throw 6 months ago. It use to be joint custody til mother lied in court and full was awarded to her. On the 2nd weekend of each month the children have been staying the weekend with father. Now all of a sudden the youngest... View More
answered on Oct 28, 2015
I do not practice in your state, and direct you to speak with an attorney there about this. But in my state, the mother would most likely be held in contempt of court. So, discuss that with the attorney you go to see.
answered on Dec 9, 2015
Depends on why you are out after curfew. If you are alone, without parental permission, and going home after a school event or work, then nothing will happen. However, if you are doing something you shouldn't be doing, you may get ticketed for being out past curfew and then whatever else you... View More
read his rights?
answered on Oct 4, 2015
The police can question a minor without his parents or guardians present. Your statements can be used to charge you even if you were not read your rights. However, they may be kept out of Court if you go to trial and the police were required to read you your Miranda rights. It's best to talk... View More
answered on Dec 10, 2014
There are two methods of obtaining emancipation without a parents consent by statute: get married or join the military. Neither of these methods is wise if the sole reason is to simply get out of the house!
§ 16.1-333. Findings necessary to order that minor is emancipated
The... View More
Do we have to hire a lawyer to get this expunged? I read that VA never expunges DUI records. This seems unfair since my son has been sober ever since completing the CAB program in 2006. This is preventing him from being hired.
answered on Jan 21, 2011
Virginia does not expunge DUI convictions. There is really no way to remove such a conviction from one's record.
answered on Jan 18, 2011
No, but as long as it was just a misdemeanor, they will be expunged on the January 2nd following 5 years after the last hearing in the case. In other words, you will be at least 20 or 21 before it is expunged.
answered on Jan 13, 2011
If a criminal record is truly expunged then there is no process to "unseal" it. Expunged records are destroyed. for the purposes of protecting the accused from ever being harmed again by a previously dismissed prosecution.
The order requiring records to be expunged may very well... View More
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