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Virginia Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can My Father Still control what I do at 18 years of age?

I'm 18 years old and live in Virginia. I want to move in with my aunt but my Dad says I can't and that he can still control what I do and where I live, is this true? Can he really still control my life? Will I have to take him to court?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 5, 2021

If you are 18, you can live wherever you want.

1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2021

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... Read more »

1 Answer | Asked in Child Custody for Virginia on
Q: I share 50/50 legal custody and have visitation in VA, I recently remarried. Can my wife to get kid info on my behalf?

My new wife has been around the kids since 2018. Until recently my ex included her in everything and authorized her to full access. We were all friendly happy coparents until marriage- now my ex is hiring a lawyer to keep my wife away from the kids who LOVE her.

Sonja Aoun
Sonja Aoun answered on Apr 8, 2021

I understand your question to be whether you can authorize your new wife to access your children's information on your behalf. You can certainly add your wife as another person who can receive information or contact the school or doctor's office, for example, but the children's... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: In VA, what are the consequences of violating a court order regarding overnight contact with paramour? See more info.

The paperwork states, “Neither party shall expose the child to a paramour on an overnight basis..” Overnight is defined as of 8pm-8am. Would violating this order, with the support of evidence/proof be grounds to overturn a existing custody agreement?

Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

If someone is violating a court order, the remedy is to file a "motion for a rule to show cause" - basically, a request for the other side to be held in contempt of court. Some violations may give rise to grounds to amend a custody order. Consult with a family law attorney in your area... Read more »

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: I have joint custody and pay child support. The mother is withholding the kids. Can I put child support in escrow?

On 1/25/2021, the court ruled on joint custody and child support. The mother found out I am in a new relationship and now refuses to adhere to the legal agreement and is demanding I bring her everything in my home I bought our kids. She never fully complied with the order; I do not know where she... Read more »

Gary D. Godman
Gary D. Godman answered on Mar 25, 2021

It's a good theory but ultimately not allowed - support and visitation are two separate issues in the eyes of the court. Support should still be paid as ordered, and a show-cause may be appropriate for the violation of the visitation order. Speak with a local family law attorney about how to... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Q: How do I prepare for a hearing over mutually agreed upon child support and custody in official divorce decree?

My ex spouse filed for child support before we divorced (I have made every payment) and during our divorce we renegotiated our payments VIA our LAWYERS. I filed the official divorce decree that was signed by a JUDGE with the juvenile court in Chesapeake, VA which I was told to do by my lawyers so... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 16, 2021

Parents cannot effectively bargain away their children's rights to child support. While a court will consider a written agreement between the parties, it is not binding on the court, and the court can order whatever amount is deemed appropriate after calculating the presumptively correct... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Virginia on
Q: What kind of lawyer do I need to talk to about custody of children?

Grandmother has physical custody of two children, parents share joint custody. Mother is in jail, and father wants to know his rights about getting custody of his children.

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 2, 2021

Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.

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1 Answer | Asked in Child Custody for Virginia on
Q: Can I get full custody after I settled for joint custody in the divorce?
Kelly L. Vasta
Kelly L. Vasta answered on Mar 1, 2021

Child custody, visitation and support matters can always be amended, provided that there is a material change in circumstance since the entry of the last order. Material change in circumstance can be a gray area in the law and I recommend that you seek legal advice from an experienced family law... Read more »

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 »

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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 »

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