Susan Fremit's answer I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.
Michael Christopher Miller's answer Va. Code § 20-124.2, "C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700. 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...
Daniel P Leavitt's answer You are going to want to find a local family law lawyer in the jurisdiction where this is taking place and go with the best one. That may very well not be the lowest fee but it may not be the highest fee either. Any good family law lawyer will be able to guide him through the process.
Michael Christopher Miller's answer The location to file for custody is determined by the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA. See Va. Code § 20-146.12. Initial child custody jurisdiction.
The starting point is the child's "home state." "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means...
Michael Christopher Miller's answer Virginia would only have jurisdiction if both parents and the child(ren) have moved from Maryland. Your move alone may not be enough. If you don't know where the other parent is, you can't be sure they moved from Maryland.
Assuming Va. has jurisdiction,
Va. Code § 20-146.26. Registration of child custody determination.
"A. A child custody determination issued by a court of another state may be registered in this Commonwealth, with or without a simultaneous request for...
Sharon R. Moss' answer Since the order grants liberal visitation as the parties agree, if the non-custodial parent takes the child and does not return the child at the time that was agreed to by the parties, then they would be in violation of the court order. You should always make sure that the agreed upon times are in writing prior to the visitation. Use text or email to set the visitation times so that you have evidence of when the other parent was supposed to have visitation, should you need it at a future date.
Sharon R. Moss' answer Both parties, their attorneys, if they have one, a Guardian ad litem, if one was appointed, and any witnesses that each party wishes to call. The Judge and a courtroom deputy. Possibly a court reporter.
Sharon R. Moss' answer It depends on what the Order states with regard to your holiday visitation time. Also, does it state that the holiday visitation supersedes the regular visitation. More information regarding what the order says is needed to be able to answer this question.
Sharon R. Moss' answer As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.
Sharon R. Moss' answer Virginia Code section 20-108.2 states that "any child support order shall provide that the parents pay in proportion to their gross incomes, as used for calculating the monthly support obligation, any reasonable and necessary unreimbursed medical or dental expenses." So unless it is stated otherwise, you are likely responsible for your proportionate share of the unreimbursed medical expenses.
With regard to your move, you can petition the court, however, if it was your decision to...
Wayne E. Holcomb's answer You will need to talk to a North Carolina family law attorney to get this done, and I advise you do that quickly as time often matters in this type of determination. Our best to you.
Sharon R. Moss' answer If you have a court order regarding custody and visitation, and if she is violating the provisions of the order, then you can file a Rule to Show Cause to ask the court to enforce the order. If there is no court order regarding custody and visitation, you can file Petitions for Custody and Visitation with the court so that an order is in place for you to have time with your son.
Thomas Woodward Ashton's answer It likely depends on the exact language in your order. Lots of orders out there have standard language that allows "reasonable and liberal visitation as agreed between the parties." The issue in cases where (a) this language is included, and (b) visitation is being denied by the custodial parent, is usually whether the denial is "reasonable." Also, there may be issues if you haven't notified the court of your change of address. However, before you take any action, you should speak with an...
Thomas Woodward Ashton's answer Unless you are an emancipated minor (in which case custody wouldn't be an issue), the answer is almost certainly no. Your grandparents may be able to file themselves, seeking non-parent custody. Or a sympathetic parent who agrees with your wishes may file to change custody. But yes, your parents could fight the petition. Most do, in these cases.
You should contact an experienced attorney immediately, to seek legal advice and protect your rights and interests.
Thomas Woodward Ashton's answer Custody cases across the board are usually extremely case-specific, meaning that no one answer is likely to be accurate in all apparently similar scenarios. The answer also often varies by jurisdiction and even by which judge within a particular jurisdiction hears your case. However, in my experience, the closer a child gets to 18 years old, the more influence his or her desires have on the ruling of the court. Hypothetically, assuming no other adverse circumstances which would override the...
Laura B. Butler's answer While it certainly would be good practice if he were to keep you informed of such an absence, if the order does not require him to keep you informed when he leaves the children for an extended unpredictable amount of time then he would not be in violation of the order if he did not share that information with you. Much of this answer depends on the exact language of your custody order.
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