Virginia Child Custody Questions & Answers

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

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Virginia on
Answered on Mar 9, 2019
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.

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

1 Answer | Asked in Child Custody for Virginia on
Answered on Feb 20, 2019
Michael Christopher Miller's answer
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.

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

1 Answer | Asked in Child Custody for Virginia on
Answered on Feb 14, 2019
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...

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

1 Answer | Asked in Child Custody and Family Law for Virginia on
Answered on Jan 22, 2019
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.

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

1 Answer | Asked in Child Custody for Virginia on
Answered on Jan 14, 2019
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...

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

1 Answer | Asked in Child Custody for Virginia on
Answered on Jan 9, 2019
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...

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

1 Answer | Asked in Child Custody for Virginia on
Answered on Dec 4, 2018
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.

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

1 Answer | Asked in Child Custody for Virginia on
Answered on Dec 3, 2018
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.

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

2 Answers | Asked in Child Custody for Virginia on
Answered on Nov 27, 2018
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.

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

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Nov 2, 2018
Sharon R. Moss' answer
If you do not have an attorney of record, then you should be treated as opposing counsel in the matter.

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

1 Answer | Asked in Adoption and Child Custody for Virginia on
Answered on Oct 22, 2018
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.

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

1 Answer | Asked in Child Custody and Child Support for Virginia on
Answered on Oct 11, 2018
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...

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Answered on Sep 14, 2018
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.

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

1 Answer | Asked in Child Custody and Family Law for Virginia on
Answered on Sep 4, 2018
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.

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!?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Aug 22, 2018
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...

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

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Aug 13, 2018
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.

Q: I am asking for physical custody of my daughter and we went to mediation and can't agree on custody? What do I do?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Aug 13, 2018
Thomas Woodward Ashton's answer
You should contact an experienced attorney immediately, in order to protect your rights.

Q: I’m 16 almost 17, how much of a say do I have to get visitation rights changed?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Aug 13, 2018
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...

Q: Is there any type of law that requires my ex to inform me if he is going to be away from my kids for an extended time?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jul 16, 2018
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.

Q: Va Code 20-108.2(D), parties shall share unreimbursed medical OVER $250. Does the custodial parent eat the first $250?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jul 16, 2018
Sharon R. Moss' answer
That is how the old version of the code reads. Yes, that is how it is interpreted. The custodial parent pays the first $250 and then anything over that is split by the parents.

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