Virginia Family Law Questions & Answers

Q: How long is the unlawful detainer process against a family member, in Virgia Beach?

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jan 9, 2019
F. Paul Maloof's answer
My office is in Alexandria City. I have no experience with Virginia Beach. Sorry.

Q: Can I kick my adult son , his girlfriend and her kids out of my house. They were supposed to leave before Jan 1

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jan 9, 2019
F. Paul Maloof's answer
Generally, family members are not considered tenants, however, if you want to make them vacate the premises, you will have to proceed with the requirements for an unlawful detainer in court since self-help, such as refusing the use of the washer and the kitchen, is prohibited in residential lease matters in Virginia.

Q: What are my options? How can I pursue contempt of court for non payment of child support?

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Collections for Virginia on
Answered on Jan 2, 2019
F. Paul Maloof's answer
I do not handle child support matters, such as yours. Sorry.

Q: My support order includes 75% of medical bills. I am getting billed $500 plus a month- it's a struggle. Modification?

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Dec 19, 2018
James H. Wilson Jr.'s answer
Child support orders in Virginia can be modified upon a threshold showing of a material change in financial circumstances. A child support order will normally include responsibility for a parent's income share of medical bills not covered by health insurance. It is not clear from your question why insurance does not cover such a large amount of out of pocket medical costs, and whether significant medical expense was known when child support was last determined. When child support is...

Q: Is it necessary to file for Divorce in VA if Marriage Certificate was not filed with court within 30 days of ceremony?

1 Answer | Asked in Divorce and Family Law for Virginia on
Answered on Dec 15, 2018
James H. Wilson Jr.'s answer
Virginia's public policy favors marriage and the validity of marriage in the Commonwealth. As such, Virginia has several curative statutes that may validate imperfect marriages. In addition, a party who questions the validity of a marriage may file a suit to determine the validity of the marriage or affirm the marriage under Virginia Code Section 20-90. Any putative spouse questioning the validity of a marriage should consult with an experienced Virginia matrimonial lawyer to discuss how...

Q: How quickly can a lawyer domesticate a Florida Final Judgement and get a hearing on a Motion for contempt?

1 Answer | Asked in Family Law for Virginia on
Answered on Nov 20, 2018
Michael Christopher Miller's answer
Get a "triple sealed" copy of the FL order. File it with a form DC582 in your local Va. JDR court.

The court will send notice to the other party that they contest registration of the order if it is no longer in effect.

Once registered, Va. will give full faith and credit to the Fl. order. File you contempt action.

http://www.courts.state.va.us/forms/district/dc582.pdf

Q: Does my wife's attorney have to communicate with me if I am acting as my own counsel?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Nov 2, 2018
Sharon R. Moss' answer
If you do not have an attorney of record, then you should be treated as opposing counsel in the matter.

Q: I want my boyfriend to leave my home and he is refusing to. It is my home that I own.

1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Virginia on
Answered on Oct 26, 2018
Daniel P Leavitt's answer
There are several potential issues. For safety reasons you may be able to get a temporary restraining order based on threats. From a perspective of landlord/tenant law he may very well be living in the home under a month to month tenancy and if that is the case you can give him notice to vacate and you can get the court to order him out of the home.

Q: Can I file for emergency temporary full custody of my son?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on
Answered on Sep 14, 2018
Wayne E. Holcomb's answer
You will need to talk to a North Carolina family law attorney to get this done, and I advise you do that quickly as time often matters in this type of determination. Our best to you.

Q: What can i do ? If My Child’s Mother keeping my son away from if we shared split custody

1 Answer | Asked in Child Custody and Family Law for Virginia on
Answered on Sep 4, 2018
Sharon R. Moss' answer
If you have a court order regarding custody and visitation, and if she is violating the provisions of the order, then you can file a Rule to Show Cause to ask the court to enforce the order. If there is no court order regarding custody and visitation, you can file Petitions for Custody and Visitation with the court so that an order is in place for you to have time with your son.

Q: my spouse owned a home prior to marriage. home became investment prop. During marriage. How does this help me?

1 Answer | Asked in Family Law for Virginia on
Answered on Sep 4, 2018
Sharon R. Moss' answer
The house is the spouse's separate property. Depending on the details of whether or not the mortgage and upkeep is being paid from the rents collected, and how much of your personal effort has gone into the appreciation of the property, you may have some claim to a portion of the equity in the home, but you would need to discuss the specifics of your case with an attorney to make that determination.

Q: I I'm the Non Custodial parent do I have to go back to court to stop paying child support when my child turns 18

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Aug 24, 2018
Sharon R. Moss' answer
It depends on what your order says, and if the order was issued in Virginia. If issued in Virginia it will also depend on whether or not your child has graduated from high school or if they are disabled.

Q: Ex and I have joint custody, he's custodial, yet won't let me see them. I'm 5 mins away, can he keep them from me!?

1 Answer | Asked in Divorce, Family Law and Child Custody for Virginia on
Answered on Aug 22, 2018
Thomas Woodward Ashton's answer
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, is usually whether the denial is "reasonable." Also, there may be issues if you haven't notified the court of your change of address. However, before you take any action, you should speak with an...

Q: My daughter's father and I had a non-legal agreement that he'd pay $500 (cash) monthly as child support.

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Answered on Aug 13, 2018
Thomas Woodward Ashton's answer
Every case is different, of course, but typically, if you ask for it the court will order child support retroactively to the date that the petition for support was filed. You should contact an attorney immediately to confirm some important details, including that the correct petition was filed and served on him, and that child support is an issue to be tried at your trial date.

Q: I'm 17 and my grandparents have raised me. I want them to have full custody. Can I file a petition myself?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Aug 13, 2018
Thomas Woodward Ashton's answer
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 could fight the petition. Most do, in these cases.

You should contact an experienced attorney immediately, to seek legal advice and protect your rights and interests.

Q: I am asking for physical custody of my daughter and we went to mediation and can't agree on custody? What do I do?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Aug 13, 2018
Thomas Woodward Ashton's answer
You should contact an experienced attorney immediately, in order to protect your rights.

Q: I’m 16 almost 17, how much of a say do I have to get visitation rights changed?

1 Answer | Asked in Family Law for Virginia on
Answered on Aug 13, 2018
Thomas Woodward Ashton's answer
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 experience, the closer a child gets to 18 years old, the more influence his or her desires have on the ruling of the court. Hypothetically, assuming no other adverse circumstances which would override the...

Q: Is there any type of law that requires my ex to inform me if he is going to be away from my kids for an extended time?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jul 16, 2018
Laura B. Butler's answer
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 information with you. Much of this answer depends on the exact language of your custody order.

Q: Va Code 20-108.2(D), parties shall share unreimbursed medical OVER $250. Does the custodial parent eat the first $250?

1 Answer | Asked in Family Law for Virginia on
Answered on Jul 16, 2018
Sharon R. Moss' answer
That is how the old version of the code reads. Yes, that is how it is interpreted. The custodial parent pays the first $250 and then anything over that is split by the parents.

Q: What is considered the 2nd weekend of July 2018 in regards to visitation

1 Answer | Asked in Family Law for Virginia on
Answered on Jul 6, 2018
Sharon R. Moss' answer
Most likely July 14-15, 2018.

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