Virginia Child Custody Questions & Answers

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 Divorce, 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: My daughter's father and I had a non-legal agreement that he'd pay $500 (cash) monthly as child support.

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Answered on Aug 13, 2018
Thomas Woodward Ashton's answer
Every case is different, of course, but typically, if you ask for it the court will order child support retroactively to the date that the petition for support was filed. You should contact an attorney immediately to confirm some important details, including that the correct petition was filed and served on him, and that child support is an issue to be tried at your trial date.

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: 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: Can she get more child support and spousal support?

1 Answer | Asked in Child Custody for Virginia on
Answered on Jun 26, 2018
Sharon R. Moss' answer
If they are under a court order in Virginia for child support, the child turning 18 and emancipating is a material change in circumstances that would allow her the ability to ask the court to recalculate child support. The circumstances of the parties now as opposed to when the original order was entered will determine what the amount of child support should be at this time. With regard to spousal support, if they are still married, she has the right to request spousal support. Speak to an...

Q: Child support questions in Virginia?

1 Answer | Asked in Divorce, Child Custody and Child Support for Virginia on
Answered on Jun 20, 2018
Michael Christopher Miller's answer
Unless the parents agree otherwise, child support ends at age 18 or high school graduation, unless there is some permanent disability.

Often times settlement agreement do have college expense obligations that are separate from child support obligations.

Any financial arrangement after child support ends is between the parent and child as they agree.

Q: Can I request a set of interrogatories without having an attorney

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jun 18, 2018
Sharon R. Moss' answer
Yes, if you are representing yourself you have the right to issue Interrogatories and Requests for Production of Documents in the case as well.

Q: Ex husband is narcissistic. Stalking my fiancé and threatening to call the cops when we’re at his place.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Virginia on
Answered on Jun 13, 2018
Gary Kollin's answer
Why doesn't your fiance file criminal charges or seek a restraining order?

Why would you be at his place?

Go to court in your divorce proceedings and get judicial involvement in child visitation.

Consult with a lawyer whether you may record the conversations since it is made openly with no expectation of privacy.

Q: what is the law for serving by publication out of state

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jun 12, 2018
Michael Christopher Miller's answer
Service by publication is the last resort for service when one cannot find the person to be served.

Provide the GAL your address so the GAL can serve you directly.

Also, file your address with the court(s) so no one can say they don't know where to serve you.

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