Unjustifiably withholding visitation can result in a change of primary physical custody of a child. A custodial parent must do everything within his or her power and authority to allow visitation to occur, absent some credible evidence of family abuse which would justify a modification of a... Read more »

Under Virginia Code Section 16.1-278.15, child support may be ordered to continue for an adult child in the following circumstances:

"...The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or... Read more »

While the Virginia Court of Appeals has decided that it is possible for spouses to live separate and apart under the same roof, not all Circuit Court judges readily accept that idea. The idea is more popular in certain areas of the state, such as Northern Virginia, where the costs of housing is... Read more »

The jurisdiction over, or power to decide, interstate custody and visitation disputes is based on the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA, a uniform law adopted in almost all the states. The purpose of the UCCJEA is to require a connection between the residence of the child... Read more »

A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit,... Read more »

A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit,... Read more »

There is no specific age at which a child can express a custody or visitation preference. The Code of Virginia allows such a reasonable preference if the child is of "reasonable intelligence, understanding, age, and experience to express such a preference." When allowed to express a... Read more »

It is not clear that the evaluation was used against you. You could always check the court's file at the clerk's office. A court ordered evaluation could be admissible without an expert witness. Anything else would be hearsay, and the evaluator would likely be required to appear and... Read more »

Take the net proceeds of the sale and add back the amounts of the judgements that were paid, then divide that sum by the number of equal shares. Each beneficiary’s share is that quantity less the amount of judgements paid on his or her behalf.

Without Probate, the Will means nothing. Any of the Heirs as Tenants In Common can file a Partition action.

In Virginia, a motion to modify or amend must reference the existing order and recite its relevant provisions. If a third party has custody or visitation, that person is a necessary party to the proceeding, and must be served with notice. In order to prevail, a person seeking to modify an... Read more »

Virginia is not a common-law marriage state and requires that the parties to a marriage in Virginia must first obtain a license from the state. Virginia Code Section 20-31 corrects defects in marriage licenses if the marriage is otherwise lawful and is consummated by the parties with the belief it... Read more »

Child support in Virginia can only be awarded retroactively to the date that the petition was filed in the case of an original determination, or when motion to modify was filed and served on the payer parent in the case of an attempt to change support. The fact that a parent earned more during a... Read more »

Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... Read more »

The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the... Read more »

You should provide to him a document expressly authorizing him to stay in your house to care for the same.

Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a... Read more »

A principal must have the capacity to contract to give a power to an attorney-in-fact. That generally requires understand the nature and consequences of the legal act. If a principal lacks capacity or is incompetent, the proper arrangement is to have a guardian or conservator appointed for the... Read more »

Have you asked your siblings or (step-)mother or other relatives if there is a Will or someone is filing probate? Did he have assets, and should you file as Administrator? A consult with a lawyer discussing your situation might be helpful, and, if that lawyer opens the estate, you’ll be repaid... Read more »

Children of a decedent, who are not children of the surviving spouse, share 2/3rds of the intestate decedent's estate with the surviving spouse, who is entitled to 1/3 of the estate. There are also various statutory allowances and exemptions available to a surviving spouse and to any minor... Read more »

A decision to allow a child to get a learner's permit involves legal custody. For true joint legal custody, there would be a greater burden than simply imposing an obligation to discuss decisions: the parties would have to agree on legal decisions concerning the child. Sometimes, judges... Read more »