I have full legal custody of my two daughters. I moved on to Texas and signed a six-month long power of attorney over to my sister who lives in Virginia Beach so my girls can finish school. My sister is now telling me I am not allowed to get my daughters that she is going to keep them. Shes... Read more »
Certain powers are non-delegable - they cannot be given to someone else because of the personal nature of the power. You cannot effectively give parenting power by a power of attorney to someone. I am surprised anyone accepted your sister's power of attorney for you. Even parents, with... Read more »
My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the... Read more »
I regret that I do not handle protective order case or domestic relations matters. Sorry.
My divorce was finalized in the Circuit Court, and I later was awarded sole custody in a suit in JDR, but support was not addressed. Should I also seek child support in JDR? Is support automatically remanded to JDR after a divorce is final?
Most of the final decrees I have seen now remand all matters concerning child custody, visitation and support to the appropriate Juvenile and Domestic Relations District Court. A parent should check the final decrees and orders in their cases to determine the appropriate court in which to file any... Read more »
I will be a senior in high school and a sophomore in community college when I turn 18. I have a place to stay, a job, a truck, and a way to work out financial aid for school and keep up with insurances.
At age 18, you are legally an adult. You get to make your decisions, and live with the consequences.
Good luck to you.
If we can't just say something along the lines of: "everything is divided the way we want, we are and will remain happy with this agreement." would a judge just throw that out when it came time to file the divorce? For context, currently she is a student with no income and upon... Read more »
A lawyer cannot represent both parties in preparing a separation agreement. Either spouse can agree to separate, live separate lives as if unmarried, and waive or give up their rights against the other in a written separation agreement. The court will look out for the rights of minor children,... Read more »
If we think the right thing to do is sell the house and divide the sale money, can we put up the house on sale after signing the separation agreement? However, if we decide to do one spouse buyout, does the price of buyout will be determined on the day of divorce?
With the cooperation of his or her spouse, a married person can sell his or her house whenever he or she chooses to do so. If the sale is part of the dissolution of the marriage, it would usually be to the advantage of that spouse to have a comprehensive written separation agreement addressing all... Read more »
Divorce agreement aligned with VA child support law, in which child support ends at 19 or completion of high school which ever comes first. Child graduates this May and the custodial parent is expecting continued child support through college. Can I end child support, and am I responsible to pay... Read more »
A parent has a legal obligation to support his or her minor children until age 18, or until 19 if the child is still living in the home of the custodial parent and has not yet graduated high school. A parent has no legal obligation to support an adult child above age 18 or 19 unless he or she... Read more »
The different worksheets would have been (i) sole/joint and (ii) shared. There could also be split where some children reside with one parent, and the rest with the other parent.
If both parents have custody more than 90 days, then the shared worksheet is used.
Otherwise, use the... Read more »
Does my husband need to go to Court to get the child support terminated? Or can he just stop paying it?
The best practice would be to submit an agreed order to the court noting that both parties agree that the support obligation has expired.
However, given the times and the court closures, simply stopping payment could work as well.
The issue is that the other side, if they are... Read more »
We have been separated for 10 months. I haven’t filed yet.
Likely not. Courts only divide marital property in a divorce. Gifts or inheritances from third parties during a marriage are presumed to be separate.
However, after receipt, the separate funds could become marital funds if not maintained separately.
I would like to know what course of action I have to make sure that she doesn’t get like 50% of our joint marital property while also having full inheritance of her parents bank cash. Can that nomination be used to help reduce our martial property distribution?
There are several issues to be addressed in your question. First of all, there is no presumptive 50-50% split of marital property in equitable distribution in Virginia. In fact, in published opinions, the Court of Appeals has repeatedly corrected a number of lawyers and trial judges who believe... Read more »
I live in the VA/DC area and my children live in Wisconsin. The divorce hearing was in Wisconsin over 2 years ago and I feel that gaining placement and custody would be in the best interest of my 3 children due to the custodial parent denying my placement 3 times now. She has also been feeding my... Read more »
You could retain a local lawyer to represent you in Wisconsin. However, that lawyer would either have to be also barred/licensed in Wisconsin, or be admitted pro hac vice, i.e., sponsored by a Wisconsin lawyer for temporary practice in Wisconsin.
Also, keep in mind that it will be expensive... Read more »
A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will
At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.
The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.
I'm in VA and my father left me and my brothers everything in his will since he was in the process of getting a divorce. My mother has since taken everything and relocated to another city in VA with her new boyfriend. She is now in the process of selling their house. Do i have any rights... Read more »
If your father did not receive an absolute divorce decree, then yes she would be entitled to something. However, the extent of what your mother would be entitled to is based on the length of marriage and size of the estate. She could potentially have a claim for 50% of the augmented estate, which... Read more »
Has the person who you believe designated you as their beneficiary died? Beneficiary designations typically can be changed fairly easily, compared to other estate planning tools. If the family of the person with the decedent is "trying to stop you," then there is realistically nothing... Read more »
Child will be 26 yrs old in Nov 2020 and in the military. There is only $350 left to pay on arrears but $19,000 in interest.
I regret that I do not handle domestic relations cases. Sorry.
I do not handle domestic relations or child support matters. Sorry.
My son’s father is on child support and has been since our son was 6 months old. However, he only pays when they take it from him and he’s never met him and he’s still $40,000 behind and has no interest in meeting him or getting to know him. He told me to leave him alone because he has other... Read more »
Taking someone's obligation to pay child support away does not take their parental rights away. There is a process for him to relinquish his parental rights and you would have to speak with a family law attorney in your area to find out how that is done.
Child’s father lives in another state. Has two other kids he flaunts and takes care of but does not do anything for our daughter even when we were living in the same city. His name is not on her birth certificate. Husband has been taking care of my daughter for almost her whole life.
Va. Code § 8.01-217. How name of person may be changed.
A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such... Read more »
They are using that as income to calculate child support. How is that legal? Or should i get a lawyer?
Va. Code § 20-108.2. Guideline for determination of child support
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C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends,... Read more »
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