Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Virginia on
Q: custodial father moved without notifying court or mother and says mother abandoned child, is father in contempt?
Gary D. Godman
Gary D. Godman
answered on Jan 3, 2018

Impossible to say without knowing if there is a current court order in effect and what it might say. Have an attorney review the order and give you possible options.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: The 11 yo child I am supporting was born in VA, I lived in PA. Child is not mine after 11 yrs what can I do?

I find out he is not mine what right do I have even though I signed the paternity acknowledgement in the hospital after not sleeping for a day and coming down from PA to see the child who was born early.

Gary D. Godman
Gary D. Godman
answered on Jan 3, 2018

If a father finds out he is not, in fact, the father, in Virginia he can file a motion to disestablish paternity, which can allow for a DNA test. Unfortunately, there is not much to be done about the money that is already paid. That is why if you believe you aren't the father, you should... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Need Info On a Petition/Custody. Was Not Informed About Thing.. What type of Edvidence Do I Need To Bring?

What kinds of documentation Will I Need To Present If The Judge May Ask ? Recieved something in the mail about it , Kind Of Stuck Not Sure What To Expect.. Court Date Will Be In Richmond Va

Gary D. Godman
Gary D. Godman
answered on Jan 3, 2018

I can't say what type of documents you might need as each case is different and depends on the facts surrounding the children. You can review the broad factors the judge considers in any Virginia custody hearing here: https://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Hi For ignorance I signed my ex the sole custody and then now she removed my surname from my daughter at the oddest cou

Trial ever. Now she doesn’t let me speak to her on Skype FaceTime what’s app .. nothing . Saying that is on her best interest ( she decided that ) I know it’s all out of revenge and hate but is there something I can do?

Gary D. Godman
Gary D. Godman
answered on Jan 3, 2018

Unfortunately, it's impossible to give a general online answer to what is clearly a complicated issue that has already been heard in court. You need to take as much paperwork as possible to a local family law attorney to see what, if anything, can be salvaged at this point.

1 Answer | Asked in Child Custody for Virginia on
Q: mediation determined that the courts be notified of a move 30 days prior to move & this does not happen what can happen?

Mom of step son is moving AGAIN and has failed not notify the courts of the move as of now. What happens if she fails to notify. Is it just a slap on the wrist?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 1, 2018

Depends entirely on your local judge. Some take great offense with failure to notify. Others do not care. What you need to do is consult with a lawyer who is local about the possible outcomes of your case.

2 Answers | Asked in Child Custody and Family Law for Virginia on
Q: I was wondering if someone could enlighten me on exactly what it means for me to only have legal custody of my child?

Does this mean that I do have a say in the doctors she sees or the schools she goes too, or even the people she's around?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 30, 2017

There are two types of custody in virginia; physical and legal. Physical refers to where the child resides and spending time with the child. Legal refers to decision making for things like medical, schooling, etc. It gives you a say in these big life choices. If you want a lawyer to review your... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Can an absent father get custody?

Son is 22 months. Dad pays child support but has made no contact for a year and a half. He saw him off and on until my son was four months and after child support was ordered, he disappeared. Can he get joint custody? Also, if visitation is granted, will he get overnight visits?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 28, 2017

Can he? Yes. Will he? That depends largely on the judge you have and the facts of your case. Any lawyer would need to discuss your case for about 30 minutes to an hour to determine the likely outcome. Take some time to schedule a consultation with a lawyer so they can ask you a series of questions... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Can i get custody of my daughter if i am on the birth certificate but not the biological father
Michael Christopher Miller
Michael Christopher Miller
answered on Dec 27, 2017

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 the responsibilities... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Open show cause case already and custodial parent still breaking visitation order, upcoming court date. What to do?

Visitation order in place but custodial will not follow, there is a current open show cause case to be heard next week. But she didn't follow order again for this holiday. Do I file another show cause or just discuss it at hearing next week with judge.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 26, 2017

Whether the judge will be willing to listen to multiple instances of violation of the same order under one show cause depends largely on the JDR judge you are dealing with. Some are more open than others to listening to everything. Consult a local lawyer familiar with your judge.

2 Answers | Asked in Child Custody for Virginia on
Q: What happens if the father do not show up for a custody case?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 26, 2017

Largely depends on where you are in the process and the facts of the case. Many judges are reluctant to enter an order unless both parties are served and present. It really just depends. Call a lawyer to discuss your case in more detial.

View More Answers

1 Answer | Asked in Child Custody for Virginia on
Q: Does the right of first refusal with custody apply in the state of VA? If so is there a way around it?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 26, 2017

Are you referring to the non-custodian parent's ability to have parenting time with the child as first selection in the event that the custodial parent is busy and needs a caregiver? That rules does generally get applied in Virginia, but it typically has to be in the actual order. However,... View More

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Virginia on
Q: My ex husbands fiance spanks my child with a wooden spoon every time she sees fit. Is this legal? He says it is.
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 24, 2017

Corporal punishment in Virginia is very limited, and highly fact specific. Even if the activity would not be a crime, a JDR judge may be interested to hear of what is happening. Consult a lawyer.

1 Answer | Asked in Child Custody for Virginia on
Q: Order states split holidays He is refusing to give a time that I will get her for Christmas and Christmas Eve.

We agreed I’d have first half of eve and second of Christmas. If he refuses to give a time or refuses to give her to me. What can I do?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 24, 2017

If there is an order that is not being obeyed, then that is typically enforced through a process known as a Motion for Rule to Show Cause. Hire a lawyer to help you file that.

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: We were awarded full custody of 2 boys, now 15 & 12, in Fall 2013.

Around 6 months later, all contact with the mom was terminated, pending things she's not done. If we decide to move out of state, what would we have to do?

Michael Christopher Miller
Michael Christopher Miller
answered on Dec 22, 2017

If you have a custody order from a Virginia court, there will be a provision in there somewhere that says something to the effect of "In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty... View More

1 Answer | Asked in Child Custody for Virginia on
Q: Father is in Cali, the child and I in VA. He has only seen her once in 11 years and there in no court order for visits.

He wants to get visitation .. But the only legal document he has to her is a dna test and child support of 50 bucks a month (which hes behind on). She doesnt want to see him but he still for some reason wants to go to court. What can I do? Please

Sharon R. Moss
Sharon R. Moss
answered on Dec 22, 2017

If he has filed a Petition for Visitation the Court will hear his request. You will have to present evidence as to why he should not have visitation, but that doesn't mean the court will agree with you and deny him any visitation.

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: Do I by law have to talk to my ex through phone or text. She is the custodial parent and and screams and cusses instead

It's usually her screaming and cussing in the phone on my voicemails over nothing. So I choose not to talk to her. She threatens to take me to court over this. I pay child support and am never behind.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Dec 21, 2017

Depends on what your custody order says. Take it to a lawyer for analysis.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can the birth mother of my step son dictate weather I'm around her son if I am married to his dad?

I have done nothing wrong, and take great care of the child but she just doesn't like me and says I can't be around my step son anymore.

Sharon R. Moss
Sharon R. Moss
answered on Dec 20, 2017

If the current custody order does not restrict your ability to be around your step son, then there is nothing preventing you from being around him.

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: Do we (me and my ex) have to follow the VA joint custody order if we both move to Cali with our daughter?

My ex and I share joint custody of our daughter. We both live in VA. However we both agreed on moving to Cali but live in different areas of the state. Would we have to go to court there and refile custody or can we still follow the original court order given to us by VA if we dont find any issues... View More

Sharon R. Moss
Sharon R. Moss
answered on Dec 19, 2017

The Virginia Court Order will still be in effect. If you both move to California and an issue arises regarding custody/visitation, you would need to speak to an attorney in California to determine the procedure to enforce the Virginia Order in the California courts.

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: The father does not have any communication with the children and the court lowered child support for him to do so

He does not do the court ordered visitations and rejects any calls from the children. He lives out of state and the judge lowered child support so that he could visit, but he does not visit. Can I go back to court to file a motion for higher child support?

Sharon R. Moss
Sharon R. Moss
answered on Dec 18, 2017

If there has been a material change in circumstances since the last order was entered, the court will determine if a modification is warranted.

1 Answer | Asked in Child Custody for Virginia on
Q: Mother wants me to give son to teenage daughter instead of her. Do I have to?

I have joint custody of my son with his mother. He lives primarily with me. She moved to LA 6 months ago and has not used any of her visitation. She wants me to give him to his teenage sister (16) for her Christmas visitation because she is not getting him. Do I have to give him to anyone but her?

Sharon R. Moss
Sharon R. Moss
answered on Dec 15, 2017

It depends on what your visitation order specifies, but normally visitation in only granted to the parent. A parent can choose to allow others to see the child while the child is in their custody, but unless the order specifies that she can delegate her visitation time to someone else, only the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.