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Virginia Family Law Questions & Answers
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
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
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
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
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
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
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 »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: I'm 17 and my grandparents have raised me. I want them to have full custody. Can I file a petition myself?

Do my parents have a right to fight me on my decision?

Thomas Woodward Ashton
Thomas Woodward Ashton answered on Aug 13, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
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?
Thomas Woodward Ashton
Thomas Woodward Ashton answered on Aug 13, 2018

You should contact an experienced attorney immediately, in order to protect your rights.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: I’m 16 almost 17, how much of a say do I have to get visitation rights changed?
Thomas Woodward Ashton
Thomas Woodward Ashton answered on Aug 13, 2018

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... Read more »

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

My children currently live with their father, but we have joint legal custody. Is he required in some way to inform me if he leaves them for an extended unpredictable amount of time?

Laura B. Butler
Laura B. Butler answered on Jul 16, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Va Code 20-108.2(D), parties shall share unreimbursed medical OVER $250. Does the custodial parent eat the first $250?

If minor child accumulates $1,000 in medical expenses in a calendar year, does the custodial parent pay the first $250, then both parents split the remaining $750?

Sharon R. Moss
Sharon R. Moss answered on Jul 16, 2018

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.

1 Answer | Asked in Family Law for Virginia on
Q: What is considered the 2nd weekend of July 2018 in regards to visitation
Sharon R. Moss
Sharon R. Moss answered on Jul 6, 2018

Most likely July 14-15, 2018.

1 Answer | Asked in Child Support and Family Law for Virginia on
Q: Is there any way child support could be extended while my child is in college in Virginia without me agreeing to it?

Two daughters I've paid support on faithfully and have records to prove it. Younger one - just found had a GED and is out of school and is over 18. Other has been in college for going on 2nd year - far past 18. Based on this I informed the mother I've stopped support payments. Mother claims I... Read more »

Sharon R. Moss
Sharon R. Moss answered on Jun 18, 2018

If you are not in arrears on your child support payments, then if the child support order was issued in Virginia, your obligation to pay child support should terminate upon the child turning 18 and having graduated from high school. If there is no agreement otherwise between you and your ex, then... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can I request a set of interrogatories without having an attorney

I received my first set of interrogatory questions from my son's father's attorney in a custody case I do not have an attorney am I able to request these questions also from him.

Sharon R. Moss
Sharon R. Moss answered on Jun 18, 2018

Yes, if you are representing yourself you have the right to issue Interrogatories and Requests for Production of Documents in the case as well.

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Can you receive back child support if there was no court order ?
Michael Christopher Miller
Michael Christopher Miller answered on Jun 13, 2018

Support may only be retroactively applied back to the date a petition for support was filed.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Virginia on
Q: Ex husband is narcissistic. Stalking my fiancé and threatening to call the cops when we’re at his place.

He threatens to tell lies on him of abuse and just pops up whenever he likes demand immediate access to the kids. I try and try to work with, but he so focused on hurting me. Is there any hope for full custody? Can my fiancé file for defamation of character?

Gary Kollin
Gary Kollin answered on Jun 13, 2018

Why doesn't your fiance file criminal charges or seek a restraining order?

Why would you be at his place?

Go to court in your divorce proceedings and get judicial involvement in child visitation.

Consult with a lawyer whether you may record the conversations since it is made...
Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: what is the law for serving by publication out of state

No prior child custody order was in place prior to me and our daughter moved from Va to Ga on July 28, 2017

father filed for Custody and Visitation on Feb. 22, 2018. I understand that Ga has do to our length of time here Jurisdiction. I have filed for child support in Ga in August and he... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jun 12, 2018

Service by publication is the last resort for service when one cannot find the person to be served.

Provide the GAL your address so the GAL can serve you directly.

Also, file your address with the court(s) so no one can say they don't know where to serve you.

3 Answers | Asked in Family Law, Divorce and Real Estate Law for Virginia on
Q: If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?

This is in the state of VA, home was purchased 20 yrs before marriage but some mortgage contributions were made by non-deeded spouse.

Sharon R. Moss
Sharon R. Moss answered on Jun 8, 2018

If any mortgage payments were made during the marriage, then the spouse not on the deed may have a claim on some of the equity. Please speak to an attorney to for more specific advise on your case.

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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: What is reasonable medical cost? Ex sends me bills for allergy meds and items of that nature. Where is the line draw
Sharon R. Moss
Sharon R. Moss answered on May 29, 2018

Under Virginia Code section 20-108.2, for purposes of this section, medical or dental expenses shall include but not be limited to eyeglasses, prescription medication, prosthetics, orthodontics, and mental health or developmental disabilities services, including but not limited to services provided... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: what happens if a parent isn't following a visitation order to see his children?

We have a court order in place that states the father of my children is supposed to have visitation with my children supervised at least once a week. He hasnt seen them in 3 weeks and hasnt even bothered to contact me for 2 weeks.

Steve Miyares
Steve Miyares answered on May 25, 2018

The court has no power to force a noncustodial parent to exercise visitation. When the court orders visitation, it is ensuring that the noncustodial parent is not denied an opportunity to spend time with their children. If the parent chooses to jot take that opportunity and chooses to not see... Read more »

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