A grandparent who has stood in the position of a parent to a minor child, in loco parentis in Latin, is an appropriate custodian for that child and can be awarded custody and/or visitation of the child. A grandparent is recognized as a "person with a legitimate interest" who can file for... View More

In a legal proceeding involving custody and/or visitation, a guardian ad litem can be appointed by the court to represent the interests of the child in the event that the parents do not adequately represent the interests of the child. This almost always occurs when there are allegations of abuse... View More

That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... View More

Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... View More

There is no specific age at which a child can express a custody or visitation preference. The Code of Virginia allows such a reasonable preference if the child is of "reasonable intelligence, understanding, age, and experience to express such a preference." When allowed to express a... View More

In Virginia, a motion to modify or amend must reference the existing order and recite its relevant provisions. If a third party has custody or visitation, that person is a necessary party to the proceeding, and must be served with notice. In order to prevail, a person seeking to modify an... View More

The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... View More

A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... View More

You should have a lawyer look at the actual protective order to be certain. That much said, if it gives her sole possession of the house, then you would be prohibited from going there - even if she is at work, or on vacation, or for any reason.

That is called a custody evaluation. Child psychologists who offer those usually advertise themselves as custody evaluators and expert witnesses. In the Richmond area, there a few who do most of them. When I have called some that are not available, they will usually recommend others who might be... View More

This type of confusion happens frequently after a hearing. Did you have an attorney? If so, please ask the attorney who has been representing you for clarity. Often someone has asked the judge when the order takes effect. If no date is specified, the usual default is that once a judge has made... View More

Generally speaking, a court will prefer that a child has high-quality insurance if the parents can afford it. For that reason, health insurance premium payments for children are taken into consideration when calculating child support.

You don't mention whether there is a court order... View More

Generally speaking, you may be able to get a protective order for stalking, but the protective order would have to include your child to prevent her from being present during visitation.

If you don't have enough evidence for a protective order, you may be able to get an order that... View More

In Virginia, grandparents have no custody and visitation rights by virtue of the familial relationship. Grandparents are among the class of interested persons who can ask for a custody or visitation determination, but will not obtain any rights against the wishes of a biological parent who has not... View More

Sounds like you're definitely in violation. Hire a lawyer to help minimize what they do.

In the absence of a court order or written agreement, both parents have equal rights to, and responsibilities for, their minor children. You question does not address how CPS became involved with your husband's girlfriend, why she was subject to testing, what drugs were involved, where the... View More

A party to a court order may domesticate or register that order in Virginia if the Virginia court can exercise jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act. Notice of the proposed domestication or registration is served on the other party so he or she could contest... View More

If you are 18, you can live wherever you want.

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... View More

I understand your question to be whether you can authorize your new wife to access your children's information on your behalf. You can certainly add your wife as another person who can receive information or contact the school or doctor's office, for example, but the children's... View More