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Virginia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Virginia on
Q: In Virginia if a noncustodial parent gets visitation can they take the child or children out of state

Can parent request to the courts that visitation is in state

Michael Christopher Miller
Michael Christopher Miller answered on Jun 15, 2020

Generally, a parent can exercise their parenting time as they wish, within reason and within the welfare of the child.

So, the parent can leave the state, etc. so long as they are back in time for the next visitation exchange.

That being said, there are agreements and court orders...
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2 Answers | Asked in Child Custody and Family Law for Virginia on
Q: What can i do? Can i go get my daughters will it bring in legal trouble?

I have full legal custody of my two daughters. I moved on to Texas and signed a six-month long power of attorney over to my sister who lives in Virginia Beach so my girls can finish school. My sister is now telling me I am not allowed to get my daughters that she is going to keep them. Shes... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on May 26, 2020

Certain powers are non-delegable - they cannot be given to someone else because of the personal nature of the power. You cannot effectively give parenting power by a power of attorney to someone. I am surprised anyone accepted your sister's power of attorney for you. Even parents, with... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: In Powhatan county Virginia I have a Protective Order for my children against my wife's paramour. How do I extend it?

My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 26, 2020

I regret that I do not handle protective order case or domestic relations matters. Sorry.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: I'm 17 and plan on moving out on my 18th birthday. Can either of my parents stop me in VA?

I will be a senior in high school and a sophomore in community college when I turn 18. I have a place to stay, a job, a truck, and a way to work out financial aid for school and keep up with insurances.

Michael Christopher Miller
Michael Christopher Miller answered on May 18, 2020

At age 18, you are legally an adult. You get to make your decisions, and live with the consequences.

Good luck to you.

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Landlord - Tenant for Virginia on
Q: I currently rent a house with my boyfriend, things are not working out and we are now on a month to month lease.

The landlord is on my side, but how do I legally get him to move out, since he won’t leave on his own. We also have an almost 2 yr old daughter and I want to have full custody of her. He is a convicted felon x2 and on probation.

F. Paul Maloof
F. Paul Maloof answered on May 16, 2020

I regret that I do not handle domestic relations or child custody matters. Sorry. If you and the faster of the child are both on the lease, the landlord will have to proceed in Court to ask the Court enter an order for possession against him. You need to work with the landlord on that issue. It... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: Was there a separate child support calculation worksheet for sole custody vs. joint custody in Virginia in 2008?
Michael Christopher Miller
Michael Christopher Miller answered on May 8, 2020

The different worksheets would have been (i) sole/joint and (ii) shared. There could also be split where some children reside with one parent, and the rest with the other parent.

If both parents have custody more than 90 days, then the shared worksheet is used.

Otherwise, use the...
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1 Answer | Asked in Child Custody for Virginia on
Q: Can my girlfriend move down here with her unborn child if the father does not want anything too do with the child
Michael Christopher Miller
Michael Christopher Miller answered on Apr 27, 2020

Your girlfriend can move wherever she wants. The courts only have authority to decide where children live.

If the child is unborn, there is no custody order possible.

If custody does become an issue, then the UCCJEA will dictate that the court in the jurisdiction where the child has...
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1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: Should I file for divorce/child support in MD or VA? Which state is best for my child? I live in VA, he is in MD.

It’s almost been 1 year and I was ready to file in VA but I’m reading MD is better for child support. Is this correct?

Michael Christopher Miller
Michael Christopher Miller answered on Apr 24, 2020

Your choice of court is not determined by gained benefit but rather jurisdiction.

If you live in Va for six months, you can file for divorce only, i.e., terminate the marriage, but nothing more.

If you want to do property, financial, money matters, etc., you need personal...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can I get a local lawyer for an out of state custody/placement hearing?

I live in the VA/DC area and my children live in Wisconsin. The divorce hearing was in Wisconsin over 2 years ago and I feel that gaining placement and custody would be in the best interest of my 3 children due to the custodial parent denying my placement 3 times now. She has also been feeding my... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Apr 16, 2020

You could retain a local lawyer to represent you in Wisconsin. However, that lawyer would either have to be also barred/licensed in Wisconsin, or be admitted pro hac vice, i.e., sponsored by a Wisconsin lawyer for temporary practice in Wisconsin.

Also, keep in mind that it will be expensive...
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1 Answer | Asked in Adoption, Family Law and Child Custody for Virginia on
Q: A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son.

A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will

Michael Christopher Miller
Michael Christopher Miller answered on Mar 26, 2020

At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.

The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: My daughter recently turned 18 and moved in with me. What do I need to do to stop paying child support payments?

My daughter just turned 18 and recently moved out of her mothers house and asked to live with me. Am i still obligated to pay child support to her mother? If so, what do I need to do to modify support arrangements?

James D. Williams
James D. Williams answered on Mar 16, 2020

Your child support order from the court should indicate the cut-off time frame for when you can stop paying child support. If the support order says that you pay until she turns 18, then the obligation has ended. If you find the child support order, and it does not have a limit to your daughter... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: What steps do I need to take to change my daughter’s last name to my husbands?

Child’s father lives in another state. Has two other kids he flaunts and takes care of but does not do anything for our daughter even when we were living in the same city. His name is not on her birth certificate. Husband has been taking care of my daughter for almost her whole life.

Michael Christopher Miller
Michael Christopher Miller answered on Dec 18, 2019

Va. Code § 8.01-217. How name of person may be changed.

A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such...
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1 Answer | Asked in Child Custody for Virginia on
Q: If a custody order was only notarized do I still have custody
Michael Christopher Miller
Michael Christopher Miller answered on Dec 5, 2019

An order would only need to be signed by a judge, and they are not typically notarized.

Agreements between parents are usually notarized, though they need not be as long as it is a signed writing, and enforceable as provided in the agreement.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can father get emergency custody?

Can father get emergency custody after mother has had child for 13years and been to court twice and remains custodial parent

Michael Christopher Miller
Michael Christopher Miller answered on Oct 30, 2019

The court views "emergency" as a life or death situation, not someone not wanting to wait their turn.

File a petition to modify custody, and file an emergency motion. The court clerk and/or judge will review them to see if an emergency exists. If so, the court will docket a...
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1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Virginia on
Q: How do you change venue?

Custody juvenile court?

Michael Christopher Miller
Michael Christopher Miller answered on Oct 30, 2019

Are you changing venue as in moving from one county in Va. to another county? Or, are you changing to a new state?

If moving county to county, then Va. Code § 16.1-243(B) applies. "2. Custody and visitation: In custody and visitation cases, if venue lies in one of several cities or...
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1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: If the mother has primary custody of her children & the father secondary custody in the state of Virginia does the

Father have to pay child support

James H. Wilson Jr.
James H. Wilson Jr. answered on Sep 23, 2019

It depends. The calculations must be run for each situation.

When each parent has at least 90 days custody of a child in Virginia, the shared custody and sole custody child support worksheet calculations are used, with the lesser amount being the presumptively correct amount of child...
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1 Answer | Asked in Child Custody for Virginia on
Q: What should I do if mother of my child is keeping from me and won’t give me her current address

What should I do if mother of my child is keeping from me and won’t give me her current address I can’t file for custody or do any other paperwork without her address I’m scared she is gonna move far she is already keeping my child from seeing me

Michael Christopher Miller
Michael Christopher Miller answered on Sep 16, 2019

Every custody order in Virginia has a change of address provision.

Va. Code § 20-124.5. Notification of relocation.

In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days'...
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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Virginia on
Q: What can I do cps lied

They went into foster care for 5 days were physically abused . They have been taken from the only family that they have ever known .they are traumatized this is all bcuz i am a convicted felon of 15 years ago there is so much to this. I can peove ur all i need help to get them back home where... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 12, 2019

I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: My child has graduated high school at the age of 17. Is child support still required when mother has sole custoduy?

Mother requested sole custody of our 17 year old daughter and I reluctantly agreed.

Michael Christopher Miller
Michael Christopher Miller answered on Jun 3, 2019

Yes. Child support is payable until age 18 years.

"The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving...
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1 Answer | Asked in Tax Law and Child Custody for Virginia on
Q: How can I prevent my child's father from claiming her on federal tax return ?

My daughter lives with me she only sees her dad on his days off from work however he's claimed her on taxes the last 4 years. He refuses to let me claim her. He doesnt give me any of the money for her expenses. How can I keep him from being able to claim her!!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

The IRS does not allow both parents to claim an exemption for the same child. Your child custody agreement should tell both of you who is entitled to claim your daughter; some parents rotate each year; others allow one or the other to claim the child. If you have some written proof that you earned... Read more »

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