Joint legal custody with communicable visitation, they live with him bc I lived out of state. I moved back and live 5 min from them, yet he wont let me see them or talk to them. They don't even know I've moved back and are 10, 8 and 6.
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,...Read more »
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...Read more »
Custody cases across the board are usually extremely case-specific, meaning that no one answer is likely to be accurate in all apparently similar scenarios. The answer also often varies by jurisdiction and even by which judge within a particular jurisdiction hears your case. However, in my...Read more »
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...Read more »
My boyfriend’s ex (currently married still to her) he is paying child support for there two kids one is 16 one is now 18 she has been moved out and out of school since oct of 2017 and now the mother is taking it back to court to get more child support from him! My question is can she? And can she... Read more »
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...Read more »
My husband is divorced in 2008 with 4 kids? He paid Alimony and He is still paying child support for his kids. His kids ages are 23, 21, 18 and 16. All kids graduated from school except the last one. We are having a baby together. Do we have to pay child support when they are in college? We met... Read more »
He threatens to tell lies on him of abuse and just pops up whenever he likes demand immediate access to the kids. I try and try to work with, but he so focused on hurting me. Is there any hope for full custody? Can my fiancé file for defamation of character?
After termination? custody was filed under the false pretense the mother was unable to be contacted or located. And was excluded from the custody proceedings. Is termination of parental custody permanent if filed in state of Virginia?
Did you lose custody or did the state terminate your rights? They are two very different things. If you lost custody, but not parental rights, then child support is still an obligation for the non-custodial parent.
A parent can not voluntarily terminate their rights to a child unless...Read more »
I reside in Virginia currently and my child resides in North Carolina. Custody was granted under the pretense that I was no where to be found, when in fact the party knew of my where abouts. In addition, permanent custody (final decision, the paper says) was granted without my participation in the... Read more »
It depends on where the last custody order was issued and how long the child has lived in North Carolina. If the child has lived in North Carolina, then the courts there have jurisdiction over the child, however, the current custody order is not from North Carolina, you will have to ask the North...Read more »
We have a court order in place that states the father of my children is supposed to have visitation with my children supervised at least once a week. He hasnt seen them in 3 weeks and hasnt even bothered to contact me for 2 weeks.
The court has no power to force a noncustodial parent to exercise visitation. When the court orders visitation, it is ensuring that the noncustodial parent is not denied an opportunity to spend time with their children. If the parent chooses to jot take that opportunity and chooses to not see...Read more »
My daughter is 15. Her father lives in Kentucky. The visitation was set up when she was 6. She is getting older and would like to have some more say in the visitation scheduling. Her father said he wanted that as well. But, If it doesn't benefit him he doesn't want her to have any say. Should I... Read more »
One of the statutory factors a Virginia court must consider in visitation orders is the preference of the child in light of the child’s age and maturity level. Therefore, the court would not have put much weight on the preference of a 6 year old child, the court would give more consideration to...Read more »
His father has had full custody for 5 years but I see my son every other weekend. I have no legal standing because I couldnt make it to court I was in FL at the time. I dont want to take custody because my son wants to live with his dad but I want him to be able to visit. His dad wont let me take... Read more »
Moving to Canad is a significant chamge in circumstances since the Court last made a custody decision 5 years ago. Based on the chang in circumstances, you can petitin the court to modify the visitation schedule from the prior order. You should consult with an attorney to help you pursue the best...Read more »
My daughter was concieved against my will even though he and I were in a relationship. I was a 17 year old runaway, living with a friend (not him), and he was 28 and is a felon with drug abuse issues. He hid his age from me until I found his facebook. I have no idea where he is now. I know he does... Read more »
I work in the tech field and for the past year or so, my wife has been cheating on me..before her parents were with me but suddently they have made a u turn and are telling me to continue my life as is which means that i should be ok with her seeing the other guy (totally absurd). Ofcourse I am not... Read more »
There is no presumption of mother over father for custody in Virginia. The court will look at what is in the best interests of the children when they are deciding on custody. You will need to have evidence that it is in the children's best interest to reside primarily with you rather than your...Read more »
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