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Virginia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Virginia on
Q: How can I make the other party, in a child custody case, have to bring to court their marriage certificate?

Also, if the child is in counseling, is it possible to have the counselor subpoenaed to come to court?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Aug 18, 2016

Generally speaking; if a document is relevant, it is obtained by means of properly issued and approved discovery. For a walkthrough of how to do this, you need to hire an attorney.

1 Answer | Asked in Child Custody for Virginia on
Q: If a parent files for custody but goes to jail can the parents mother call to postpone the hearing
Gary D. Godman
Gary D. Godman
answered on Aug 12, 2016

She could certainly try, but generally courts don't accept notes or messages from people not involved in the case. On the other hand, it is important for the court to know if a party is incarcerated. Consider speaking with a local family law attorney.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Is there anything I can do to stop my daughter's father from obtaining a birth certificate and SSN?

I received a text from her father stating that he needed them in order to get a quote for health insurance. She is already covered and comfortable with her doctor and dentist. I also realized that these are not things that you need just to get a quote for the insurance so I am afraid that he is... View More

Sean R Hanover
Sean R Hanover
answered on Aug 10, 2016

It is not likely the Court will agree to prevent the lawful father, who has rights to visit and be with his child, from obtaining her birth certificate and/or social security number. For that matter, he can file with the state to get a copy of the birth certificate himself. You need to be careful... View More

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: My wife has threatened to take our child, I believe she would take her out of Virginia.

How can I stop this and if it does happen, what can I do. I have not met with a lawyer about this yet, my meeting is next week, can I/how can I file for temporary custody if we are still living in the same house? I think she may try something before I have a chance to meet with a lawyer.

Gary D. Godman
Gary D. Godman
answered on Aug 2, 2016

Generally:

1) A juvenile & domestic relations court in Virginia will refuse to hear a custody case between parents when they live together; and

2) Virginia courts will consider Virginia to be the home state of a child who has continuously resided there for the past six months,...
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1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Can a GAL question a minor child without parents consint after the JD Court order is final giving the parents custody?

My 7 year old son was removed from my home and a Gal was issued. On our trial date he was placed back in my home with the judge giving me full legal custody. Since the court date the Gal had pulled my child out of class and questioned him. As of today the Gal is trying to make me bring this child... View More

Gary D. Godman
Gary D. Godman
answered on Jul 28, 2016

I would say it is likely within the GAL's authority to speak with the child, who is his "previous client." It is also not surprising that the GAL continues to seek information on that child - the situation of this child is relevant to the ongoing custody/visitation cases of the... View More

2 Answers | Asked in Child Custody, Criminal Law and Family Law for Virginia on
Q: What happens when a child crosses state lines without approval from court where custody was granted?

My cousin had custody of my younger sister until she died, my aunt now has power of attorney. My grandmother took my younger sister to New jersey to live with our older sister without petitioning the court or notifying them of the transition. While in our older sister's care she had a NJ... View More

Gary D. Godman
Gary D. Godman
answered on Jul 27, 2016

Whether the child can leave the state depends on the underlying custody order. It's unclear from your facts if there is even a current custody order (which is different from a power of attorney). You really need to take this to a local family law attorney who can flesh out more details and... View More

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1 Answer | Asked in Divorce, Child Custody, Child Support and Education Law for Virginia on
Q: 1. Can the court mandate a child attend school in the non-custodial parent's district?

Non custodial parent has joint legal custody only. Parents live in different counties making tuition a factor, however they live only 20 miles apart.

Gary D. Godman
Gary D. Godman
answered on Jul 12, 2016

Yes, the judge could order that - whether it is likely depends on the facts and circumstances of the case.

If you have not already done so, consider consulting with a local family law attorney to review the specifics of your situation. Good luck.

1 Answer | Asked in Child Custody for Virginia on
Q: How do I get custody back of my son

My baby father mother has custody of my 12month old son when we first signed the papaers I didn't know I was signing my rights away , I have visition rights but I was living with her , between those month when he was 3 months she gave him diet Pepsi was feeding him chocolate , was trying to... View More

Gary D. Godman
Gary D. Godman
answered on Jul 11, 2016

Your course of action depends on what paperwork you signed in the past. If there is a court order in effect, it can only be changed by filing a Motion to Amend that order. To win, you would have to show that something significant has happened since the last order (a "material change")... View More

1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: 1.)does this effect her chances on getting full custody of her baby. 2.) Can I be tried, for taking her to the airport

My friend has already filed for divorce, trying to get custody of her 4 year old baby... but wants to leave for a weekend... to go to her new "boyfriends house" to meet him... he husband doesn't know about this guy, and she doesn't plan on letting him know shes leaving for this... View More

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jun 29, 2016

Not only is it possible this could hurt the custody side of the equation; but it is adultery until the divorce is finalized, and may even hurt the divorce proceeding. Your friend needs a lawyer.

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: What are the parental rights does a parent have without having any legal custody in Virginia? Please be specific.

My husband does not have any legal custody of his other child. The mother has flat out refused him the right to take the child to receive medical attention and refuses to supply school information so he can attend activities. His order does explicitly say he has the right to the medical and school... View More

Gary D. Godman
Gary D. Godman
answered on Jun 27, 2016

Without legal custody, and depending on the court order, the father is likely left with visitation as outlined in the order and access to school and medical records. This generally does not create a duty upon the other parent to help access those records; it usually means he is able to get those... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Do you think I can get full rights of my daughter back?

At 18yrs I got preg at 20,21 yrs old I signed part custody over to my mother who had a great job making great money and could take way better care of her at the time then I could, now my mother has lost her job, drinks alcohol even got a drunk n public last year at her home, our court order states... View More

Tara  Candela R.N.
Tara Candela R.N.
answered on Jan 11, 2015

You will have to show that there has been a substantial change in circumstances since the custody order was entered, and you will have to show that living with you is in your daughter's best interest. If you truly believe it's in your daughter's best interest to live with you now, I... View More

1 Answer | Asked in Child Custody for Virginia on
Q: How old do you have to be to decide which parent you live with for custody?
Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

18, but then you won't be in either parent's custody. If parents cannot agree on custody where marital discord has resulted in a broken home, either parent can petition the court to determine the custody and visitation of the child. The court may consider the desire of the child in... View More

1 Answer | Asked in Child Custody for Virginia on
Q: If the mother is 17 an the father is 18 in virginia,who gains custody ?

If the mother of the child is age 17 and the father is age 18 and unwed in the state of Virginia,is it at all possible for the baby to be born with the father's last name and shared custody between the mother and father?

Danielle Snead
Danielle Snead
answered on Mar 28, 2014

Even though the parties are unwed, it is possible for the baby to have the father's last name. The last name of the child would be something that is determined when the parties complete the information for the child's birth certificate. However, please be advised that just because the... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Does the mother of the child need to get legal custody when the father is unknown?
Paul A. Prados
Paul A. Prados
answered on Jan 18, 2011

Essentially, until a purported father appears, the mother has full legal custody without a court order. If the mother knows who the father might be and wants to foreclose some of his rights, a formal order could be pursued. Under such circumstances the mother needs to talk to an attorney about... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: Does a parent who is heavily in the arrears in child support have a right to seek custody of a child?
Paul A. Prados
Paul A. Prados
answered on Jan 17, 2011

Failure to pay support does not preclude a party from seeking some measure of custody. If you handle the matter aggressively you may be able to have the delinquent parent held in contempt. The delinquency will likely have an affect on the outcome of the custody case depending on the judge.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Do grandparents have visitation rights in va? i allow them to see my children under my terms but we are having issues.
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Dec 7, 2010

The visitation rights of grandparents is not gaurenteed under Virginia law, but if there is a custody issue or some other reason the issue would be brought before the court, the court is authorized to grant grandparents visitation rights if it is in the best interests of the child.

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