If the POA is relevant to the case (and lots of things are relevant in a custody case), then you may have to turn it over. If there is a ground to object to turning over the item requested, you may be able to object within the 21 day limit of discovery. Consult with a family law attorney -... View More

He can certainly file for a custody change, but that does not mean he will receive what he is asking for. If you receive a summons, speak with a family law attorney in your area.

If there is no other parent to object, then you as the surviving parent are able to make these decisions. You may wish to contact a family law attorney to draft a Power of Attorney to give her aunt authority to manage daughter's affairs - otherwise, aunt may not be able to do things like get... View More

If you attempt to relocate the children, the father will be able to go to the local Juvenile & Domestic Relations Court in VA and request an emergency hearing based on a custody petition to either stop the move or force you to return the children to him in VA. The JDR court can hear... View More

To change a custody order, a party has to show that 1) there has been a "material change of circumstances" since the entry of the last order (i.e. something big has happened or several small issues have been resolved) and 2) the requested change in custody is in the child's best... View More

Generally, if the parents live together, there is no reason for the court to decide between them, and joint legal and physical custody will be ordered or the case will be dismissed. Sometimes, extenuating circumstances, such as drug use, could necessitate an order, but it is not common. Talk with... View More

From your point of view, there is not much you can do personally. If either parent files with the court to change the order, it's likely a guardian ad litem will be appointed to represent your interests and talk with you about what you would like to happen. However, the child's... View More

Normally, the judge is supposed to communicate the basis for a custody decision either orally or in writing. There are some exceptions. Without more information, it's not possible to guess what exactly happened in your situation. If you disagree with a custody order, you may be able to... View More

Lots of questions that an attorney needs to know in a private consultation in your situation - what state issued the current custody order? If it wasn't in VA, how long has the child lived in VA? If he is in school, is it appropriate to try to change custody in the middle of the school year?... View More

Yes, but you should talk to a Georgia attorney to find out the process.

There are a lot of unknowns in this scenario - will dad have a new job soon, will dad actually get roommates, will dad really give up weekend visits, etc. While there is no specific formula for deciding what is a "material change in circumstances" justifying a change in... View More

It doesn't seem like you have a requirement in place to notify the other parent, but be aware that nothing appears to be stopping him from filing a petition in court to have a judge decide on custody and visitation. Consider meeting with a family law attorney if the case ends up in court.

It depends what you mean by "joint custody paper." If it is a court order, then you would remain as the custodian. If it was a written agreement between you and the mother, you might not have any legal authority over the child. Reach out to a family law attorney to review the paperwork... View More

You likely need to wait until the final hearing to present your case to the judge as to why the children should be returned to you instead of being in grandmother's custody. Consult with a family law attorney to discuss the facts of the case and see if there is a reason to request an... View More

The most appropriate place to file is where the child lives. You can read the applicable law at this link, part (A)(1)(b):

http://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-243/.

It's impossible to guess without knowing all the facts and circumstances around the case. You can review the factors a judge would consider here: http://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/. Consult with a family law attorney to discuss your case in person.

You should help him find an attorney local to the Virginia jurisdiction to assist. Local VA legal aid may also be available, but you would need to contact them soon, as their calendars fill up quickly. He will need to attend court or find an attorney to send in his place for the initial hearing.

It is likely you would have to turn the child over to the parent who has custody unless you file for and receive temporary emergency custody. Generally, you have to apply in the child's home state, which sounds like it could be Michigan, but there are exceptions in true emergencies. The... View More

You've posted your question in the Virginia (VA) forum instead of West Virginia (WV). Try posting your question to that forum.

You are asking what is really a family law question in a criminal law answer area. Go back to "find a lawyer" on this website, click on "family law" and try whatever state court granted the original custody order first to get some answers from attorneys who are familiar with VA law. All the best!