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Virginia Child Custody Questions & Answers

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 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 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 child...
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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 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 »

1 Answer | Asked in Child Custody and Child Support for Virginia on

Q: Question about Child support /Custody

My daughters father claims he keeps our daughter 75% of the time however I feel like he doesnt. He keeps her on his days off which is 2 days out of the week and every other weekend. When he gets vacation he get close to a month off and he will keep her but that's it. Here recently the past 6-7... Read more »

Michael Christopher Miller answered on May 20, 2019

Va. Code § 20-108.2(G)(3) "(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Virginia on

Q: My child father attacked me in front of our child. His 2nd domestic violence charge. Will he get custody/visitation?

I have sole physical & legal custody, visitation reserved to father, at mother’s discretion, since 2017. My child father attacked me when he dropped her off to my home, after having her for the weekend. DV has been an ongoing issue for years, and my daughter show signs to be traumatized. So I... Read more »

Susan Fremit answered on Mar 9, 2019

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.

1 Answer | Asked in Child Custody for Virginia on

Q: I pay child support for my daughter that’s 5 but I have not seen her in 5 years. What can I do?

Her mother kept her from me and I still try to pay my child support. She moved out of state and I don’t know what to do. I want to see my daughter and get to know her. I’ve called her mother phone but after she figure out it’s me calling she hang up and don’t answer again. She’s married... Read more »

Michael Christopher Miller answered on Feb 20, 2019

Child support is an entirely separate matter from custody/visitation. Neither is dependent on the other.

File a petition for custody/visitation in the local court where your daughter resides.

1 Answer | Asked in Child Custody for Virginia on

Q: In va if my child is over 18 and decides to go to college am I still required to pay child support?

In va, if the child is over 18, and I have arrears that was with the child support. Once the child support is corrected because he is over 18 can the arrears be reduced weekly to a more realistic amount, I have had some changes since my last modification, I am now married, my wife has had 3... Read more »

Michael Christopher Miller answered on Feb 14, 2019

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... Read more »

1 Answer | Asked in Child Custody and Family Law for Virginia on

Q: Parents divorcing. 4 year olds custody to be decided. Child regularly says he doesn't want to be with his mother.

I'm in desperate need of help. My best friend is going through a tumultuous custody battle with his soon-to-be ex-wife. He's currently an unemployed single father who's doing the best he can given his situation. Everyday this woman makes it harder and harder on him. We have spoken to multiple... Read more »

Daniel P Leavitt answered on Jan 22, 2019

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.

1 Answer | Asked in Child Custody for Virginia on

Q: I live in Virginia my daughter lives in Florida. Can I file for custody in Virginia to get her with me

Michael Christopher Miller answered on Jan 14, 2019

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...
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1 Answer | Asked in Child Custody for Virginia on

Q: Hi I have a custody order in Maryland but we moved to Virgina I want to file for sole custody and change visitation.

But I don't have an address for the non-custodial parent. What do I do?

Michael Christopher Miller answered on Jan 9, 2019

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....
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1 Answer | Asked in Child Custody for Virginia on

Q: Being awarded physical custody can the parent with less custody take the child and not return them after agreed time?

I have primary physical custody we both have joint legal custody. I’m worried the parent will take our child and not return them after our agreed upon period. Are they able to do that? The custody agreement says I have “primary physical custody with reasonable and liberal visitation as the... Read more »

Sharon R. Moss answered on Dec 4, 2018

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... Read more »

1 Answer | Asked in Child Custody for Virginia on

Q: who all is present during a child custody court case?

Sharon R. Moss answered on Dec 3, 2018

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.

2 Answers | Asked in Child Custody for Virginia on

Q: My custody order States that my sons father has visitation from 2 PM Christmas day until 6 PM Jan.1

The father has visitation every other week from 6PM Sunday until Wednesday at 6pm. It just so happens that his regular weekend starts the 23rd of December. Will I be breaking the custody order not allowing him to get my son until Christmas Day at 2pm?

Sharon R. Moss answered on Nov 27, 2018

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.

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1 Answer | Asked in Family Law and Child Custody for Virginia on

Q: Does my wife's attorney have to communicate with me if I am acting as my own counsel?

I am acting as my attorney and some issues have arisen regarding my minor child. I wrote a very specific series of questions to my wife's attorney but he never responded. Does he have to consider me to be OC in this matter and communicate with me?

Sharon R. Moss answered on Nov 2, 2018

If you do not have an attorney of record, then you should be treated as opposing counsel in the matter.

1 Answer | Asked in Adoption and Child Custody for Virginia on

Q: My nephew is under the care of his great grandparents. I want to petition for custody

Both great grandparents have multiple medical issues. My nephew's father resides in the home, has multiple drug and assault charges, and has child neglect charges on the child. My nephew's father's brother also resides in the home, and was driving the vehicle resulting in my nephew's mother's... Read more »

Sharon R. Moss answered on Oct 22, 2018

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.

1 Answer | Asked in Child Custody and Child Support for Virginia on

Q: Can the custodial parent demand that I pay half of all kids medical bills if it’s not in the child support order?

Also if I have moved from Stafford to Loudoun County can I petition the court for custodial parent to meet half way on visitation drop offs, pick ups etcetera?

Sharon R. Moss answered on Oct 11, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on

Q: Can I file for emergency temporary full custody of my son?

Me my wife and son came to visit her family in Tennessee. While here she confessed she was talking to another man in Alabama. After getting in a argument about it she called this man and got him to pick her up. She left me and my son in Tennessee with her family with no car and barely any money... Read more »

Wayne E. Holcomb answered on Sep 14, 2018

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.

1 Answer | Asked in Child Custody and Family Law for Virginia on

Q: What can i do ? If My Child’s Mother keeping my son away from if we shared split custody

Sharon R. Moss answered on Sep 4, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on

Q: Ex and I have joint custody, he's custodial, yet won't let me see them. I'm 5 mins away, can he keep them from me!?

Joint legal custody with communicable visitation, they live with him bc I lived out of state. I moved back and live 5 min from them, yet he wont let me see them or talk to them. They don't even know I've moved back and are 10, 8 and 6.

Thomas Woodward Ashton answered on Aug 22, 2018

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,... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on

Q: I'm 17 and my grandparents have raised me. I want them to have full custody. Can I file a petition myself?

Do my parents have a right to fight me on my decision?

Thomas Woodward Ashton answered on Aug 13, 2018

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... Read more »

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