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I have moved to VA 7/2017 with my child. The order was registered in VA 10/2017. It has now been 6 months since I’ve moved. Which state has jurisdiction?
answered on Nov 22, 2017
As long as no parent or child continues to reside in MD, then jurisdiction can transfer to VA after the child has resided in VA for six months.
Even if the child has lived in VA, if the other parent continues to resides in MD, then MD retains jurisdiction, i.e., everyone must move from the... View More 
My brother in law went to court. They said his 15yr old doesn’t have to visit unless he wants too. However, he is to still pay FULL child support. He has recently been laid off as his job shut the doors and he has 2 children at home both younger (10,5). They are using my sisters income for his... View More
answered on Nov 21, 2017
Even though your brother may not see the child, he still has an obligation to support his child. If he has lost his job through no fault of his own, he can petition the court for a modification in child support based on his new circumstances. The court will want to see evidence that he is... View More
I currently have a joint custody and every other weekend visitation court ordered agreement in place. A week ago, the other parent informed me that in a week they would be moving out of Virginia to Georgia. What are my custody and visitation options considering the current agreement already in... View More
answered on Nov 16, 2017
You have the right to file with the Court to try and enjoin the other parent from moving the child out of Virginia. Depending on the current court order, just because you are not the primary residential parent, the other parent doesn't automatically have the right to relocate out of state with... View More
In the state of VA, in the event the (northern) VA residing parent will not turn over the child to the other parent during a pickup in VA, what actions must take place to retrieve the child? The child and the custody order is resident (and formed) in Maryland (Baltimore county) where I (the parent... View More
answered on Nov 8, 2017
For the short term, you could likely bring a certified copy of the Maryland order to the other parent's residence, and call the police. Hopefully, the order is specific enough that the police implement the plain language of the order.
For the long term, register the Maryland order in... View More
My mother has custody of my 2kids and because of her age my brother also took custody, not shore how that works maby jointcustody, , but I visit my children and buy there school cloths and things they need, when needed. How ever I can't take my kids anywhere with me because my brother always... View More
answered on Nov 3, 2017
First you have to file a Motion to Amend Visitation with the Court that entered the final custody and visitation Order. In order to be able to amend a custody and visitation Order, you will need to prove that a material change in circumstances occurred that warrants a modification of visitation,... View More
answered on Oct 26, 2017
The rule of thumb is that the court starts to consider the child's opinion around age 12. However, the child's preference is only one of many factors the court takes into consideration. In other words, just because the child wants something doesn't mean the court is going to do that.
answered on Oct 20, 2017
An uncontested divorce is a divorce where the spouses have no disagreements over any issues related to the marriage. This means that the spouses have divided all of their marital property/assets, debts, and spousal support. If child custody, visitation, and child support are in dispute, those... View More
answered on Oct 20, 2017
Find a lawyer/law firm, and ask whether there is a consultation fee. There are lawyers/ law firms that provide free initial consultations.
I say “openly” because she was interviewed by a journalist where she stated her regular drug use during her pregnancy and for medicinal reason (article has her name and a photo of her holding two bags of marijuana) they live in NC now. Can I withhold visitation of our daughter if the wife is... View More
answered on Oct 20, 2017
Only if there is a specific provision in your custody and visitation order (if you have one) regarding drug use as it relates to visitation. What you can do is file a motion to amend custody/visitation (again if you have a custody and visitation order) and present evidence to the court regarding... View More
he has been in out of her life. can he get visitstion rights??
answered on Oct 16, 2017
It is possible if shown to be in the child's best interests. Speak with an attorney in your area if a petition for visitation is filed.
My boyfriend and his daughter went to the creek a few days ago with my family and I took a few pictures of everyone. I had my boyfriends permission to take the pictures and put them on my Photography page. Which my Photography page is a hobby. I did not advertise his daughter in any way and there... View More
answered on Oct 11, 2017
You said you took photos of everyone at a creek. Based on what you have said, I can't think of any criminal charges anyone can press. However, this is a public website which can be read by everyone, so don't post any more details regarding this situation. If this is causing you this... View More
Non Virginia parent has Custody, other Visitation. Non Virginia parent was Court
Ordered to move from Virginia.
answered on Oct 5, 2017
It depends on the facts of the case, such as whether both parents agree to the placement. It may be as simple as executing a special power of attorney, or the relative may need to file a custody petition in an appropriate court. You may want to consult with a family law attorney in your area.
I have a protective order against the mother and the petitioner. My court date is this Wednesday and I need to know if I am ready for this hearing. It's my motion for visitation that I believe that I've been alienized by the mother and the grandmother. For my child.
answered on Oct 3, 2017
Parties have a right to cross-examine witnesses if they are called to testify. You may want to seek an attorney's assistance as a lawyer will know the appropriate ways to conduct cross-examination and help defend your case.
Husband has joint legal and physical custody. We have her 3 weekends a month and spilt holidays and 3 weeks on 1 week off in summer.. We live 3 and half hours from mom by the way.
His daughter has been having anexity and had panic attack first day of school. Mom and dad decided she needs... View More
answered on Sep 27, 2017
I suggest listening to your attorney who is familiar with the case. Unlike attorneys online, that person has read the court order and is in the best position to advise you. If you want a second opinion, consult with another attorney in person or by phone/email so the attorney can review the... View More
Plaintiff = mother (me)
Defendant = biological father
I am suing for an uncontested divorce, and would like to keep the custody of our children open rather than have a court ordered agreement. Is that possible?
answered on Sep 15, 2017
No. You can file for divorce based upon a one-year period of marital separation, and ask only that the court grant the divorce and terminate the marriage with nothing more.
Note however that you may be forfeiting rights of property division, spousal support, etc. The JDR court will be able... View More
If the decree says the parent can't say disparaging remarks in the presence of a child about the other parent, is a text message to the child considered in the presence of?
If my husband's prior divorce and child custody with his ex wife was done in Virginia Beach but neither live there, where are they required to do the custody modification if there needs to be modification? Mother and child live in NC and we live in MD. We have heard 1) it is required that they... View More
answered on Aug 21, 2017
A state that issues a custody order has continuing, exclusive jurisdiction to modify that order so long as a parent or child subject to the order continues to reside in the state.
When everyone has moved from the issuing state, the state where the child has lived the past six months can... View More
Tells me he is going to take my cell phone and car, and he has installed cameras in our house bc he says now that I "neglect" our child. He gives me an allowance of $100. We had 300,000 in our savings. He is abusive (verbally, mentally, physically) and I have him on video admitting it, so... View More
answered on Jul 14, 2017
In short, you need to contact a family law lawyer immediately. There are many, many ways to discourage and/or to stop this type of abusive and disrespectful behavior, but we need to get started quickly because often the courts are backed up. With you having access to almost no money, a few weeks... View More
The child was born in Tennessee when we were married. We are divorced and she remarried and moved to Virginia and I moved to Georgia.
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answered on Jul 3, 2017
You need to contact an attorney in Virginia to help you.
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