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Virginia Family Law Questions & Answers

1 Answer | Asked in Family Law for Virginia on

Q: How long do you have to respond to Va. code 20-146.26

This notice of request was left on my door, but I can not find a date that I need to respond anywhere.

Michael Christopher Miller answered on Jun 20, 2019

Either the order to be registered is the order in effect or it is not. There is no reason to delay disputing the order to be registered if it is not the order in effect.

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Virginia on

Q: What can I do cps lied

They went into foster care for 5 days were physically abused . They have been taken from the only family that they have ever known .they are traumatized this is all bcuz i am a convicted felon of 15 years ago there is so much to this. I can peove ur all i need help to get them back home where... Read more »

F. Paul Maloof answered on Jun 12, 2019

I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.

1 Answer | Asked in Family Law and Divorce for Virginia on

Q: FDivorce/family law in VA. Can motions to stay ,reconsider and an appeal be filed for at same time?dead line to file?

Michael Christopher Miller answered on Apr 3, 2019

Yes, file all 3.

Orders become final after 21 days, i.e., the judge cannot modify them even if the judge wanted to. So, the motion to stay the finality of the order suspends the 21 day clock to allow more time to rule on the motion to reconsider.

Notice of appeals from circuit court...
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2 Answers | Asked in Contracts, Family Law and Tax Law for Virginia on

Q: What is a valid disclaimer of marital interest in Virginia and how do I go about drafting such a disclaimer?

My wife is in the process of making a business investment, however I as the husband can't be party to the the business and I need to make a disclaimer to that effect. Essentially a disclaimer of marital interest.

James H. Wilson Jr. answered on Mar 30, 2019

Spouses in Virginia can enter into enforceable marital agreements under Virginia Code Section 20-155 of the Virginia Premarital Agreement Act. These agreements take different forms, including prenuptial agreements or antenuptial agreements, marital agreements, separation agreements, stipulations... Read more »

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1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Virginia on

Q: My child father attacked me in front of our child. His 2nd domestic violence charge. Will he get custody/visitation?

I have sole physical & legal custody, visitation reserved to father, at mother’s discretion, since 2017. My child father attacked me when he dropped her off to my home, after having her for the weekend. DV has been an ongoing issue for years, and my daughter show signs to be traumatized. So I... Read more »

Susan Fremit answered on Mar 9, 2019

I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.

1 Answer | Asked in Child Custody and Family Law for Virginia on

Q: Parents divorcing. 4 year olds custody to be decided. Child regularly says he doesn't want to be with his mother.

I'm in desperate need of help. My best friend is going through a tumultuous custody battle with his soon-to-be ex-wife. He's currently an unemployed single father who's doing the best he can given his situation. Everyday this woman makes it harder and harder on him. We have spoken to multiple... Read more »

Daniel P Leavitt answered on Jan 22, 2019

You are going to want to find a local family law lawyer in the jurisdiction where this is taking place and go with the best one. That may very well not be the lowest fee but it may not be the highest fee either. Any good family law lawyer will be able to guide him through the process.

1 Answer | Asked in Family Law for Virginia on

Q: If the father is absent for 9 years and wants visitation is he likely to get it no established relationship

He disappeared when she was 2 years old had nothing to do with her from the time she was born has jump from state to state and is now filing for visitation my daughter has never met this man before we tried going through a mediator and he follows nothing we agree to what are my options I would like... Read more »

Daniel P Leavitt answered on Jan 22, 2019

Every court and judge is different. They will look at a number of factors. I don't know what your custody situation is right now but custody and visitation are different. Someone can have sole custody and there can still be a visitation order in place. Generally Virginia law leans towards having... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on

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

F. Paul Maloof answered on Jan 9, 2019

My office is in Alexandria City. I have no experience with Virginia Beach. Sorry.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on

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

My adult son moved in with me after he got out of jail. He does not pay for anything or have a lease. He moved his girlfriend and her kids inand then gave me a sob story when I said for them to leave. A verbal agreement gave them until January 1 to leave and now they will not go. If I cannot... Read more »

F. Paul Maloof answered on Jan 9, 2019

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... Read more »

1 Answer | Asked in Family Law and Child Support for Virginia on

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

James H. Wilson Jr. answered on Dec 19, 2018

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... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on

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

My fiance and I obtained a Marriage License from a VA Court Clerks office and held a marriage ceremony in the presence of 150 guests (within 60 days time of obtaining the license) in Virginia. However, the marriage certificate was never filed by the officiant after the ceremony. If the Marriage... Read more »

James H. Wilson Jr. answered on Dec 15, 2018

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... Read more »

1 Answer | Asked in Family Law for Virginia on

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

The Final Judgement of Paternity and Parenting Plan were entered in FL. They have moved to VA recently. I filed a Motion for Contempt Florida due to the jurisdiction. Nothing ties anyone involved to FL anymore. We are dual military. Therefore, my lawyer advised me to get a second opinion from a VA... Read more »

Michael Christopher Miller answered on Nov 20, 2018

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....
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1 Answer | Asked in Family Law and Child Custody for Virginia on

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

I am acting as my attorney and some issues have arisen regarding my minor child. I wrote a very specific series of questions to my wife's attorney but he never responded. Does he have to consider me to be OC in this matter and communicate with me?

Sharon R. Moss answered on Nov 2, 2018

If you do not have an attorney of record, then you should be treated as opposing counsel in the matter.

1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Virginia on

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

We have a son together but are not married. I bought my house when him and I were not together. The mortgage and bills are all in my name and only I pay for the bills. He is verbally abusive and will make threats to hit me. I have a couple recordings on my phone, but i am not sure if they will hold... Read more »

Daniel P Leavitt answered on Oct 26, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Virginia on

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

Me my wife and son came to visit her family in Tennessee. While here she confessed she was talking to another man in Alabama. After getting in a argument about it she called this man and got him to pick her up. She left me and my son in Tennessee with her family with no car and barely any money... Read more »

Wayne E. Holcomb answered on Sep 14, 2018

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.

1 Answer | Asked in Child Custody and Family Law for Virginia on

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

Sharon R. Moss answered on Sep 4, 2018

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... Read more »

1 Answer | Asked in Family Law for Virginia on

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

Sharon R. Moss answered on Sep 4, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Support for Virginia on

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

Sharon R. Moss answered on Aug 24, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Virginia on

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!?

Joint legal custody with communicable visitation, they live with him bc I lived out of state. I moved back and live 5 min from them, yet he wont let me see them or talk to them. They don't even know I've moved back and are 10, 8 and 6.

Thomas Woodward Ashton answered on Aug 22, 2018

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,... Read more »

1 Answer | Asked in Family Law and Child Support for Virginia on

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

We were never married. Last time he gave me the $500 as child support was December 2017. He last saw my daughter January 2018. Went to court in March to file for custody/visitation and child support. We've had an ongoing case and court dates since May and our trial is in October this year. It's... Read more »

Thomas Woodward Ashton answered on Aug 13, 2018

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... Read more »

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