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Virginia Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: In VA does my child support have to be re-ordered every time one of my 4 kids graduates or turns 18?

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?

Michael Christopher Miller
Michael Christopher Miller
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...
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1 Answer | Asked in Child Custody for Virginia on
Q: MY EX LIVING GIRLFRIEND MOVE OUT WITH MY SON NOW SHE WONT LET ME SEE HIM WITH OUT A CAUSE SHE IS NOT LEGAL IN THE US??

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?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: Do I have a winning case as the mother to keep my ex-husband’s girlfriend away from my child, due to her harassment?

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

Wayne E. Holcomb
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Wayne E. Holcomb
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

1 Answer | Asked in Child Custody for Virginia on
Q: Can an 11yr old speak for herself in court. What paperwork would I need to file. I have Sole custody & she lives with me

He recently filed a motion to amend and wants joint physical custody

Michael Christopher Miller
Michael Christopher Miller
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...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: Can my ex-husband's wife represent/otherwise speak for him in matters of our divorce, PSA, or child custody issues?

To my knowledge, my ex-husband does not have any powers of attorney in place. Even if he did, is making provisions for his wife to represent/otherwise speak for him in matters of our divorce, PSA, or child custody issues permissible?

Wayne E. Holcomb
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Wayne E. Holcomb
answered on Mar 23, 2018

Interesting question. I am picking up that you are "fully divorced" since she's a subsequent wife. She would need to be a party to the discussion/dispute to have a say in these matters, and most likely she is not--since the issues pertain to a past marriage and your current minor... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Virginia on
Q: Can the father of my unborn child take her once she’s born?

He keeps threatening that I won’t be able to move back with my mom once I have her and that I won’t be able to gain custody of her. I’m scared he may be right if he gets a really good lawyer since he has money and I have none. Can he do this?

Steve Miyares
Steve Miyares
answered on Mar 20, 2018

In a dispute over physical custody of a child, the Court would make decisions based on the best interest of the child,considering a number of factors in reaching a decision. The Court would also make decisions regarding visitation and child support payments of the non-custodial parent. Irecommend... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: I'm 17, and my mom is trying to force me to live with her. Can she force me to live with her instead of my grandparents

My parents seperared 3 years ago and I lived with my dad and rarely saw my mom and she has not contributed to my life at all for 3 years and has not helped pay for anything . My dad is in jail and he gave me permission to live with my grandparents so I've been living here for 3 months so far.... View More

Wayne E. Holcomb
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Wayne E. Holcomb
answered on Mar 17, 2018

This is a sticky question. You are still a minor, and your mother is your mother. Assuming she has legal custody, she has a say in what is done with you, certainly in where you reside. That said, it appears that most Judges will not force a minor child of your age, who can drive for example, to... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: Can my ex-husband's wife make any decisions for my son, medical or otherwise? My ex-husband & I have joint custody.
Michael Christopher Miller
Michael Christopher Miller
answered on Mar 16, 2018

Depends upon the scope of "any decisions". Unless ordered by a court, she has no rights of legal custody. She will probably make decisions about bedtime and meals. She should not be deciding courses of medical treatment, religious upbringing, etc.

1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: Can a judge rule that my child when in my custody (50/50 custody) cannot live with a man that I marry in the state of VA
Wayne E. Holcomb
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Wayne E. Holcomb
answered on Mar 12, 2018

If you have shared custody of your child and you remarry, unless there is some reason that the man is not good for your child, this event should have no effect on your custodial arrangement.

1 Answer | Asked in Family Law, Juvenile Law and Child Custody for Virginia on
Q: Can my daughter move out at 18 even if she's still in high school?

She wants to move in with a friend.

Michael Christopher Miller
Michael Christopher Miller
answered on Feb 27, 2018

She can move at age 18 because she is an adult.

It would also terminate the obligation of child support. Even though she is still in high school, she would not be residing with the parent who would be receiving child support.

1 Answer | Asked in Child Custody for Virginia on
Q: I am not married to my daughter father can he take full custody of child and he is accuse me to have mental illness

He accuse me from domestic violence

Sharon R. Moss
Sharon R. Moss
answered on Feb 26, 2018

The court will award custody based on the best interests of the child. Depending on what evidence the court hears, it will determine the custody situation that is best for the child. Speak to an attorney to get specific advice on your situation.

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: My ex wants to take me for child support but she lives with a man who is still married but only separated from his wife

He's recently separated a month ago and she's dating this guy

Sharon R. Moss
Sharon R. Moss
answered on Feb 26, 2018

Child support is about your obligation to the child. You have an obligation in Virginia to support the child until they are 18 (19 if they are still in high school). So whether you ex is with someone else, remarried, has additional children, etc. you still have an obligation to support your... View More

1 Answer | Asked in Child Custody for Virginia on
Q: My ex and I have joint legal with him having primary physical. Can he move across state lines without my permission
Sharon R. Moss
Sharon R. Moss
answered on Feb 23, 2018

What does your custody order specify? If the order does not give him the right to relocate out of state, then you have the right to file a Motion to Enjoin to ask the court to stop him from moving. Speak to a lawyer to determine what your option are.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My grandsons mother has been taunting me for a yr now one minute she says yes then no. Can I take her court for visits?

There was a big fight about her boyfriend an my son since then she will tell me maybe we will see or just not respond. He would come over about every other weekend when first born then about 1-2 times a month for over nights. Now she just plays games I just want to be a part of his life.

Sharon R. Moss
Sharon R. Moss
answered on Feb 22, 2018

Is there a current custody and visitation order in place? If so, then the easiest thing would be to have visitation during your son's visitation time. If not, you son can file for custody and visitation so that a visitation schedule is set, and again, you could see your grandson during your... View More

2 Answers | Asked in Child Custody, Criminal Law and Domestic Violence for Virginia on
Q: What is the statute of limitations for a non-cohabitant boyfriend assault & battery case? Could this affect our child?

About 6 months ago, My childs father allegedly threw his girlfriend (not me) across a room and choked her. She did not call the cops or file a report. He does not have a record nor has he ever shown signs of abusive behavior. And though they are no longer together they are currently sexually... View More

Bryan J. Jones
Bryan J. Jones
answered on Feb 22, 2018

The police would have to bring charges within one year of the incident. The type of proof necessary could be the girlfriend's statements or other witness statements or pictures of injuries.

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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Son's mother is not allowing me to keep him overnights during my weekend, is this allowed?

Please ask if you need more info.

Sharon R. Moss
Sharon R. Moss
answered on Feb 21, 2018

If you have a court order that allows you to have overnight visits, then she is violating the order. If there is no court order, then you both have rights to the child and you should consider filing for custody and visitation. Talk to an attorney to discuss the facts of your case.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Virginia on
Q: Do I have to be in contact with my child's mother? She has full custody and I longer wish to be in contact with either

My son's mother is so volatile and dangerous for me to even be in contact with that I do not wish to have any contact with my son anymore in order to keep myself out of harm's way. I have tried having visitation rights and seeing him, but she was too hostile and almost every time put me... View More

Wayne E. Holcomb
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Wayne E. Holcomb
answered on Feb 20, 2018

You cannot be forced to stay in contact with your son, but that's likely not the best result for him or you. With the help of Counsel, you can most likely craft an agreement or an Order to have the exchanges with the mother in public places or with a witness present. Although this can cause... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Q: if a father wants to move out of state without the child would it be better to leave before or after filing for divorce
Michael Christopher Miller
Michael Christopher Miller
answered on Feb 7, 2018

A proper divorce filing in Va. requires one of the parties to have been a resident and domiciliary of Va. for the six month period immediately prior to filing. If that is to be you, you cannot leave before filing. If the other party can meet the residence/domicile requirement, you are fine to... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Virginia on
Q: Can I be granted custody/adoption if I’m a nonbiological parent?

like my own.

Michael Christopher Miller
Michael Christopher Miller
answered on Feb 6, 2018

Yes.

Va. Code § 20-124.2

"B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in...
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1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: My ex has physical custody of my kids and I'm paying child support. She wants me to have physical custody of my kids now

Would I need to go back to court to get the support taken off since its in my divorce decree? She is also agreeing to give them to me via text messages. I will still pay spousal support.

Sharon R. Moss
Sharon R. Moss
answered on Feb 6, 2018

You would need to ask the court for a modification in child support given the new custody arrangements.

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