Ex filed registration in VA and immediately turned into modification of custody and JD&R proceeded without proper jurisdiction. Is that possible?
answered on Sep 24, 2021
A party to a court order may domesticate or register that order in Virginia if the Virginia court can exercise jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act. Notice of the proposed domestication or registration is served on the other party so he or she could contest... View More 
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?
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.... View More
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... View More
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.
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
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.
answered on Mar 2, 2021
Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.
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... View More
I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.
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.
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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.
What steps do I take in getting them back home?
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.
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?
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... View More
Can parent request to the courts that visitation is in state
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... View More
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... View More
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... View More
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... View More
answered on May 26, 2020
I regret that I do not handle protective order case or domestic relations matters. Sorry.
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.
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.
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