Recently, my dad passed away. So my fiance, my teenage son and I moved from NC to VA to move in with my mother because she said she would have to sell the house if we didn't. For 2 years we have given her double her mortgage in rent, all of the upkeep, and several big jobs for her with no... Read more »
You reported facts sound more like a domestic relations issue, which I do not handle, then a landlord-tenant matter. You should seek advice from a domestic relations attorney. Sorry.
My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... Read more »
She is the widow, and you are not.
I am taking care of the house for 6 years but in May the house burnt down. Insurance is taking care of the rebuild and it will be worth a lot more. Is he still entitled to have the equity in the house.
This is a complicated question because, in Virginia, there is the concept of “Separate Property,” “Marital Property,” or “Hybrid Property.” Generally speaking, any property owned or debts owed before the marriage are the separate parties’, anything during the marriage is marital (and... Read more »
This is a complicated question because, in Virginia, there is the concept of “Separate Property,” “Marital Property,” or “Hybrid Property.” Generally speaking, any property owned or debts owed before the marriage are the separate parties’, anything during the marriage is marital (and... Read more »
If this is in Virginia and the motion to modify is in Juvenile and Domestic Relations Court, there is no answer to be filed. The courts generally set a first return date where the parties appear, often times a Guardian ad Litem is appointed for the child(ren), and a trial date is chosen. Sometimes... Read more »
(without the mother's knowledge) Can she take drive them in her car to their father's house so that they can all live together with a non abusive parent? Will the 18 year old face any kidnapping charges? Do the children have to show proof of the abuse?
If there is no court ordered custody/visitation, then both parents have equal rights to the children and the two 13-yr. olds can live with their father. We also suggest that communication ensure and a petition for custody be filed (with a request for an expedited or even an emergency hearing if... Read more »
Test. I have schedule an appointment to file for custody on October 7th. There is no custody agreement between is at this point.
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... Read more »
Do I have to file something in response or wait for a court date?
Custody and visitation orders may be modified by filing a motion that alleges a material change in circumstances and how the best interests of the child[ren] would be served by modifying the referenced order. It is possible that either the Circuit Court or Juvenile and Domestic Relations Court can... Read more »
Ex filed registration in VA and immediately turned into modification of custody and JD&R proceeded without proper jurisdiction. Is that possible?
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... Read more »
My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »
Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.
I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was... Read more »
I'm 18 years old and live in Virginia. I want to move in with my aunt but my Dad says I can't and that he can still control what I do and where I live, is this true? Can he really still control my life? Will I have to take him to court?
If you are 18, you can live wherever you want.
Do I have to call him or does he need to call the kids since he left?
An important factor in custody and visitation disputes between fit parents is the propensity of each parent to allow the children to have a relationship with the other parent, in fact, ideally, to promote that relationship. Visitation is a privilege, not a responsibility. No one can make a parent... Read more »
I ask my wife to leave and she left March 4, 2020 and I ask her to take her clothes and belongings with her when she left. I have repeatedly ask her to get her belongings but she has refused. On May 2, 2021, I have her until May 31, 2021 to remove her belongings but she has refused to do so. I... Read more »
I regret that I do not handle domestic relations and/or divorce law matters. Sorry.
There’s a long history between me and my sons grandmother and she just doesn’t like me and always wanted to take my son from me. Well she filed a petition with the court and the judge gave her temporary legal and physical custody even though I had proof I was clean and in an outpatient program.... Read more »
It's great that you are taking steps to be and stay sober, and the longer that continues, the better. Courts are looking out for children's best interests, and that means parents with problems need to take steps to address them. That may include individual counseling, drug treatment,... Read more »
How can I get a subpoena without a lawyer?
May I object to questions on interrogatories due to dress? The questions are absolutely placing me under duress and giving him all of the criminal evidence used against him
In some cases, you may request the clerk's office to issue a subpoena for you. The clerks cannot give you advice about how to request the subpoena, but many courts have forms available. A good place to start is the website of the court your legal matter is in. The Supreme Court of Virginia... Read more »
I grew up with my dad but with my mom's last name, but we are in America and I've lived with my dad the most of my life. I am now 18 and is willing to change my last name to his.
A name change petition is an easy, routine legal matter. Many Virginia circuit courts have fill-in-the-blank form packets for residents, as the requests for assistance would otherwise take up their valuable time. Anyone considering a name change should visit the local city or county circuit court... Read more »
You will need to find out whether this arrangement is permissible in Alabama. As her parents, under Virginia law, you are still responsible for her and required to support her financially. If she wishes to ask a court in Virginia for emancipation, she could do so if she meets the criteria. Then... Read more »
I moved from NC to VA almost 2 yrs ago with my kids. My ex and I are divorced b/c of his drug addiction and there is no custody agreement. He lives with his mom and they want to get the kids for the entire summer in NC. I'm afraid they might not return the kids to me here in Virginia. Can they... Read more »
In the absence of a court order addressing custody and visitation, both parents have equal rights to, and responsibility for, their minor children. Normally, a divorce case would address custody and visitation, so it is strange that there is no court order in effect. The solution is to file... Read more »
Maybe. I need more information. Is the person staying a spouse? Is it a dependent child? Even if there is no duty of support, criminal law only becomes involved if there is a crime, such as breaking and entering or trespass, so calling the tenancy illegal stretches the common meaning of illegality.... Read more »
If you don't attend a court hearing to which you have been summonsed, you risk being held in contempt for failing to appear, which can include jail time. Failing to appear could also mean that the court finds that you have abused the child if you are not there to defend your case. Speak with... Read more »
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