Lawyers, Answer Questions  & Get Points Log In
Virginia Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: can I have the form in Virginia to request a motion to dismiss a preliminary removal order?

I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.

F. Paul Maloof
F. Paul Maloof answered on Feb 27, 2021

Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: I have joint custody of my 2 children 16 and 13. I am filing for change of custody can they stay with me until court dat

There was sexual assault in the home. Mother no longer lives there and there is a court case with the stepfather begining. Both children have come to me and dont want to go back to there mothers. Because the place they live now the have no privacy or have there own room. Plus the other adults are... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

Typically, the current order that is in place still stands and must be followed until a judge rules differently. However, it sounds as though you may have a good faith basis to file for an emergency hearing (that would advance the case on the docket) to address the current situation. I would... Read more »

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Custodial parent is moving 200+ miles away for a new job. Who is responsible for transporting the child for visits?
Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

Typically a court would have the parties share travel; however, there are a lot of factors that can cause a court to deviate from sharing travel expenses. More information would be needed to provide a proper analysis. I would recommend that you consult with an experienced family law attorney to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: Can the NC parent add our daughter to his insurance if I have legal custody and already carry coverage?

Recently, I reopened a CS order due to 1.5 years of non-payment based on a mutual agreement with the NC parent. Now that he is being legally ordered to pay CS, he mentioned adding our daughter to his health insurance. Since he is unable to make legal decisions based on the custody order, I... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Feb 19, 2021

In order to properly answer your question, there is more information that is needed. I would recommend that you consult with an experienced family law attorney to review the current issues you are facing with the child support and health insurance.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can ex plan activities on my visitation days?

Can ex plan activities on my scheduled visitation days? My 'Parenting Time' is every other weekend but we have an Activities section in our agreement. It states "The parties shall equally share any reasonable and necessary expenses for agreed upon extracurricular activities for the... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Dec 29, 2020

No. Your time is yours. See Eichelberger v. Eichelberger, 2 Va.App. 409, 345 S.E.2d 10 (Va. App., 1986).

The expenses are "agreed upon" expenses. Don't agree to expenses the require activities on your weekend if you don't want to do them.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Non custodial father won’t return kids. We weren’t married, no custody papers, and he hasn’t signed birth certificates.

What steps do I take in getting them back home?

Afsana Chowdhury
Afsana Chowdhury answered on Sep 10, 2020

You should consult an attorney to review all the facts of your situation and determine if filing a police report would be a good idea and also discuss your options of having formal custody.

2 Answers | Asked in Family Law and Child Custody for Virginia on
Q: I live in Virginia, have 5 yr old boy & I'm pregnant by same father. I'm not married, can I legally take my son to FL?

My significant other says he will call law enforcement and say I kidnapped my own son if I take him to Florida to visit with my family. We are not married, can I leagally take my son and unborn child to florida without his permission?

James H. Wilson Jr.
James H. Wilson Jr. answered on Aug 20, 2020

Unless and until there is a court order, both biological parents have equal rights to and responsibilities for their child(ren). Either could travel with the child for a family visit within the U.S. If there is a court order in place, taking against the terms of the order might be considered... Read more »

View More 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...
Read more »

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 »

View More Answers

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...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.