Get free answers to your Family Law legal questions from lawyers in your area.
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answered on Feb 10, 2025
If the cases are criminal in nature, you should hire counsel to represent you on those charges & prevent that information to him or her. That person will best advise you as how you can use that information to your advantage. You can request a public defender through the court you’re charged... View More
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answered on Jan 14, 2025
Retirement plans governed by ERISA, the Employee Retirement Income Security Act of 1974, are divided by a special court order known as a QDRO, or Qualified Domestic Relations Order. The specific division itself should appear in a separation agreement and/or final decree of divorce. Typically, one... View More
I'm 41 and the last name that I've used is not matching the last name on the birth certificate that vital records is saying is mine. It has my father's last name on,but the birth certificate that I've used my whole life has my mother's last name but they can't locate my birth cer
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answered on Jan 6, 2025
I'm not sure this is a legal problem unless you need to file a Change of Name lawsuit to square up the vital records. My guess is that your parents were not married at your birth, and the father was not publicly identified, so the first birth certificate -- the one your mother gave you -- has... View More
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answered on Dec 30, 2024
The cause of death is not material. If you are the closest relative, as in this case might be if your sibling had no issue (including adoptees) or living parents, you are the most eligible to probate the sibling's estate. You have no duty to do this, and you might decline if the sibling had no... View More
Can I keep my son away from him even of he's found innocent? I have final say in the custody agreement.
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answered on Dec 3, 2024
Grandparents do not have automatic visitation rights in Virginia. They must petition the court if they are being denied visitation by the child's parent. I would think that such a petition would fail, given the charges against him. The legal standard in a criminal case is different, and so an... View More
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answered on Oct 25, 2024
Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More
I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a... View More
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answered on Oct 23, 2024
As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as... View More
His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More
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answered on Oct 7, 2024
The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More
I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More
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answered on Sep 27, 2024
One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More
I have left several voicemails requesting an estimate to time frame.
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answered on Sep 15, 2024
It is important for a lawyer and his or her client to discuss expectations regarding communications and the preferred method of communication. In general, lawyers communicate with clients when it is necessary to the purpose of representation. Some lawyers and clients prefer e-mail, some prefer... View More
uncle is saying all of my deceased dad’s belongings are his
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answered on Aug 27, 2024
You need to sit down with a lawyer experienced in Virginia probate law to review the Will, if any, the property deeds, if any, the family tree, and the other assets your father owned. If your father had a wife or children and no Will, his brother is not in his intestate succession. But, if you let... View More
We lived together for 3 years before she moved out. We currently have shared physical custody and I have custody every weekend.
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answered on Jun 28, 2024
Custody is determined based on the best interest of the child, of which there are several factors the court will look at. Moving your place of residence to be closer to your child would likely be considered by a court, however, it would not be the sole factor in its determination.
Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?
Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More
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answered on Jun 15, 2024
Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More
Is she allowed to vist her at school every week for lunch?
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answered on Jun 10, 2024
It will depend on if there are any restrictions in the custody order. There does not appear to be any legal restrictions that would prevent this. Virginia Code § 22.1-4.3 provides that unless a court order specifies otherwise, non-custodial parents shall not be denied the opportunity to... View More
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answered on Jun 10, 2024
Virginia code § 20-16.1 authorizes the clerk or deputy clerk of a circuit court of any county or city to amend the record. The process will vary by county, for example Loudon county allows you to schedule an appointment with the clerk, whereas Fairfax county requires you to attend a court hearing... View More
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answered on Jun 3, 2024
To have a capias order recalled in circuit court, you need to take specific steps. First, you or your attorney must file a motion to recall the capias with the court that issued the order. This motion should clearly explain why the capias was issued and provide any justifications or evidence that... View More
My wife was the POA for her eldest sister who was in a nursing home in Kentucky for 9 months before her death in 2022. Her other sister is the executor. I do not believe that she has settled the estate but there are no assets. Apparently Medicaid must have been denied because we are getting... View More
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answered on May 2, 2024
You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More
We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.
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answered on Apr 28, 2024
Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.
This forum is designed to give you a quick... View More
We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.
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answered on Apr 27, 2024
You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.
due to the fact that their parents don't like me spending time with them
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answered on Apr 4, 2024
It's important to understand that the specific legal consequences, if any, would depend on the details of the situation and the laws where you live. However, here are a few key points to consider:
1. Age of the individuals involved: If you and the person you're communicating with... View More
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