Child Custody Q&A by State
Your current state is Virginia
Child Custody Questions & Answers
Q: Expecting child w/ ex. Is it legal for him not to take care of our baby?
Me and my ex are expecting a child in May. He wants to pay child support, but not care for our child. I want to have equal responsibility for caring for our child. Is it legal for him to neglect responsibility?
Both parents have an obligation to take care of their children regardless if you two are in a relationship or not.
Q: I'm starting custody with my ex. I'm needing some deeper advice.
I'm asking for sole legal custody, and joint physical custody but had a schedule created for us to fallow. I have reasons of to why I would like my son with me more. If he responds, what preparation and paperwork should I put together for mediation? Do I need an attorney for mediation? I work part... Read more »
So you go to school and work and your mother watches your son while you work and go to school? Who drafted your “schedule to follow?” You? So you’ve filed some kind of Petition for sole custody? Why?
Your ex may be an alcoholic but you lack any proof of abuse (to you? to the minor... Read more »
Q: Can I keep my children away from the grandfather
Many more facts are necessary to properly answer this question but the short answer is probably, yes.
Q: What do I need to do if wife left house, took only 1 of 3 kids, refuses to bring her back, she living on a frien couch
4th time in 5 years she walks out, I work from home and very well established. we have boy 12, girl 8 and another girl 4 (which is the one she took with her) shes running a failing business. she is living on a friends couch and refuses to bring the 4 year old back home. can she legally separate... Read more »
The only way to address this is to file for divorce and request temporary orders. Good luck.
Q: My question has to do with overnight guest Clause in my divorce papers
My 11-year-old son and myself were locked out of my complex due to gate jamming. We were invited to stay the night with a married couple whose son goes to school with my son. At the time it seem like an easy fix to the situation since I could not get inside my complex, It was only later that I... Read more »
You are fine. This is an easily explainable exception. Can you get a copy of the receipt.for the technician repairing the gare?
Q: What rights do fathers have in custody cases?
A couple was married 2 years, and have 2 children. After multiple attempts at reconciliation due to her cheating, they separated. She took kids and moved to Puerto Rico from Florida without father's permission. Father moved for a 2 yr period to Puerto Rico to be close to kids. But now he has... Read more »
Hello and thank you for using JUSTIA. That amount requested by your wife for child support sounds very extravagant. The child support laws are very clear cita. It tales both parties monthly income and then refers to a chart that sets a number for child support based on the percentage that each... Read more »
Q: Hello i believe and know im a vixtim of illegal search and seizure in the state of nj ninvited guest fight ensued
Its difficult to respond because I am not sure what the question is. Were you arrested? For what? Who searched you? What did they do? What did they find? What does the guest and the fight have to do with the police? Why were the police there? Was it in a car? Home? In Public? Additional... Read more »
Q: In ga what should I do if my son's father isnt giving me my court ordered visitation, sent a demand letter last year
My son's father said he could deny my court ordered visitation because he gave me extra time with my son before
You need to speak with an attorney who can review your court order and give you advice.
Q: What do I need to do to be emancipated in Williamson county TN
What extra steps do I need to take as a 16 year old if my Guardian denies me permission to be emancipated, but my biological father agrees and my biological mother is missing? My guardian is my great aunt, I have a job at a sushi place, my father is offering me a home with him, and I do not have my... Read more »
You state no reasons for needing Emancipation, which is rarely a good status. But virtually any lawyer can file the Request with Juvenile Court. Without a Driver's License and transportation, it will probably be denied.
You will have plenty of time to be a responsible taxpayer in two... Read more »
Q: Custodial parent will not terminate CS even though child lives with us. Do we have options?
Our daughter, 17, moved in with us 4 months ago. We have paid for everything bc she refuses to help. She took away her car and phone which we have had to replace. We are paying large sums in CS and in arrears. She won’t pay for anything and refuses to terminate. And has never wanted our help (as... Read more »
To clarify, I am going to assume that the "we" you are referring to is the child's father and maybe his now significant other? While I prefer Mom and Dad to be able to recognize that there is an issue that needs to be resolved and be able to work out the best way to resolve it by agreement, it may... Read more »
Q: My ex who moved to another state has informed our children's therapist he doesn't want them treated. can she treat?
The children have an established relationship with her for the past year. She has been very open with him regarding their treatment and has documentation of hours of phone conversations with him.
Either parent has full authority to authorize treatment for the children, absent a judgment to the contrary.
Q: Hey I had a few questions about the custody of me and my children.
Custody issues can be complex. We understand. But, you should consider posting your particular questions.
Q: Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?
They never asked for consent from the parent and did not notify the parent nor the Court. They just went and had elective surgery performed on the child within weeks of being granted ex parte temporary legal custody. The child is now severely psychologically abused and traumatized. After elective... Read more »
Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.
Q: My ex gave me a warning he filed for 50/50 custody but he is making me primary adult. Can i decide on the school?
Based on the information you provided in your question and your current situation it seems you will have joint legal custody and you will be the primary physical custodian of the child. You still have to agree on the health, religion, and educational needs of the child, so you have to agree on the... Read more »
Q: Any advice on trying to communicate with my kids dad about the kids? He doesn’t want to talk to the kids or let the kids
Visit. Sometimes block us from calling. But as the primary parent I’m told I should always keep communication open to him if he chose to talk to the kids. But how can that go both ways. Seems double standard. Would like if he kept constant communication with kids since they ask about their dad.
You can't force him to be a good parent.
Q: Mother tells father of unborn child (3.5 months) to pay hotel bill until baby is born or he can’t see child. Extortion?
(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.
Mother is... Read more »
Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.
Q: My ex is living with my daughter and a sex offender who was charged for being with a minor. What can I do to get her out
We have a shared parenting custody agreement in the divorce and I pay child support. He is her main source of child care since he is out of work and on house arrest. Is there any way I can become the resident parent?
File a Motion to Modify the Shared Parenting Plan and Motion for a Guardian ad Litem to be appointed in the Court where the divorce was granted. If you think it is an Emergency, file an Emergency Motion, though depending on the Jurist will depend how quickly you receive a hearing.
Q: I gave someone guardianship of my daughter about 3yrs ago or so how would I get my daughter back?
Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.
Q: If a parent gives the other parent full legal custody of the child, are they still responsible for child support?
Yes, if there's a court order requiring it.
Q: can I get rights terminated if I put a stop to revolving door biological dad due to it hurting my 5 year old?
bio dad has never consistenly been around. he comes and goes whenever with months in between contact. He does not have any court order visitation. Never been to court at all. He is on the birth certificate.
I’m in Conway arkansas. Not sure why it says Memphis TN
Does he have court awarded visitation? You can't get his parental rights terminated, only DHS or a court-appointed attorney ad litem can do that.
If he doesn't have a court order stating he is entitled to visitation, you don't have to let him see the child. I would want to see all of the... Read more »
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