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?
answered on Jun 13, 2018
Why doesn't your fiance file criminal charges or seek a restraining order?
Why would you be at his place?
Go to court in your divorce proceedings and get judicial involvement in child visitation.
Consult with a lawyer whether you may record the conversations since it is... View More 
No prior child custody order was in place prior to me and our daughter moved from Va to Ga on July 28, 2017
father filed for Custody and Visitation on Feb. 22, 2018. I understand that Ga has do to our length of time here Jurisdiction. I have filed for child support in Ga in August and he... View More
answered on Jun 12, 2018
Service by publication is the last resort for service when one cannot find the person to be served.
Provide the GAL your address so the GAL can serve you directly.
Also, file your address with the court(s) so no one can say they don't know where to serve you.
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?
answered on Jun 6, 2018
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... View 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... View More
answered on Jun 5, 2018
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... View 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.
answered on May 25, 2018
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... View 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.... View More
answered on May 25, 2018
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... View More
He has wanted me to live with him for a while, i have a better relationship with him than my mom and step-dad. Those 2 abuse//hit me when there mad at me.
answered on May 20, 2018
Hello. We would need to talk to your father I suppose. This is probably your only option right now. Hang in there.
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... View More
answered on May 15, 2018
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... View 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... View More
answered on May 15, 2018
You can petition the Jivenile and Domestic Relations Court to award full custody to you. The JDR court would also be wheee you petition for an order of child support from the father.
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... View More
answered on May 15, 2018
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... View More
answered on May 9, 2018
Matters of custody and visitation are decided upon the "best interest of the child" factors at Va. Code 20-124.3. Who files when has nothing to do with the outcome.
answered on Apr 16, 2018
If your children are over age 18 then they are adults and free to decide what contact they want with their father. You are no longer responsible for their decision not to visit their father. You would jot face legal consequences for their decision to not visit their father
My daughter's mother took my daughter and moved to various locations until settling down in Florida. I live in Virginia. I have not seen my daughter, since she was less than a year old. How can I go about establishing joint custody / visitations of my daughter? What do I need and how may that... View More
answered on Apr 16, 2018
It would depend on which court has jurisdiction to make the custody and visitation determination. Is there a current order in place for custody? If so, then you have to go to that court to start.
If not, how long has your daughter bene in Florida? If more than 6 months then that will be... View More
I am engaged to be married and we did live together but a few months ago childs father said that my daughter couldnt live or staythere on the days i have ger because its 30 minutes from him can he do that? Can he tell me where i can live?
answered on Apr 12, 2018
No. You can live where you want.
However, he does have input on where your child lives.
If you can't agree, then you can go to court. A judge will hear both sides' position, and decide the child's residence.
My son is 17 months old, his father left us (at his mothers) for someone else and then wound up back in jail feb 2018 on a probation violation(7 time felon) and failed cocaine test. he has not financially helped since may 2017, theres no custody agreement. I have no one in VA and want too take my... View More
answered on Apr 9, 2018
If there is a Virginia custody order, there will be a provision in it that requires you to give 30 days advance notice of a relocation.
If you and your son move, the father can do nothing, or he can seek to compel your son to return to Virginia. The father cannot make you move.
If... View More
answered on Apr 6, 2018
No. The Miranda warnings are require during custodial interrogation. However ifyou are in a consensual non-custodial conversation with police, there isno rquirement that the police issue the Miranda warnings. The issue is going to be whether or not the police interaction with you was... View More
I have 1 monthly child support payment, all 4 kids are different ages. Do I have to go back to court when each one graduates and or turns 18?
answered on Apr 2, 2018
As a general rule, it takes a court order to change a court order. So, you have to keep paying the ordered amount of support until a new order says otherwise.
However, whether to modify support depends upon what the new support would be. Sometimes the current support for three children may... View More
AGAIN SHE LEFT AND NOW SHE WONT LET ME SPEND TIME WITH MY KID SHE HAS NO LEGAL STATUS HERE IN THE USA
SHE SOME TIME HAS SAID SHE WILL DISAPPEAR WITH MY SON WHAT CAN I DO?
answered on Apr 1, 2018
You can hire a lawyer to file a custody petition with your local court before the child has been away for a significant period of time. Consult a lawyer soon.
I reside in Virginia. For about a year now, my ex-husband’s live-in girlfriend has been harassing me by text & email. She cc’s my ex on these things. She even verbally abuses my ex in these texts, but he allows her to continue to live there. He excuses her behavior due to her... View More
answered on Mar 28, 2018
You can try to involve the police again to see if her harassment rises to the level of a criminal charge. I am not sure if it will, but it's a place to start. As to the custody issues here, this situation might be enough of a problem to address whether or not your daughter should be around... View More
He recently filed a motion to amend and wants joint physical custody
answered on Mar 26, 2018
Va. Code § 20-124.3. Best interests of the child
Many parents see "8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;" and want to drag their child to court to... View More
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