Lawyers, Answer Questions  & Get Points Log In
Virginia Juvenile Law Questions & Answers
1 Answer | Asked in Adoption and Juvenile Law for Virginia on
Q: how do I give my fiance parental rights to my son?

my son's biological father isn't listed on BC and hasn't been involved with me since before my son was born

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 20, 2018

Adoption. The most preferred method would be an agreed step parent adoption. Biological father is entitled ot notice, and if biological father does not agree, you will need to have a child and prove that termination is in the child's best interest. These are hard cases, and mere abandonment... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: What to expect at a GAL hearing

I already filed a petition for visitation and the guardian ad litem did my home review this will be separate from The Trial correct

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Jan 1, 2018

It may or may not be a trial. There are any other number of things it could be including a "GAL review." Without reviewing your court documents, a lawyer cannot answer your question. My advice is to contact a lawyer immediately and schedule a review of your documentations to better... Read more »

1 Answer | Asked in Traffic Tickets and Juvenile Law for Virginia on
Q: My daughter got charged as a minor for driving without a permit but will be 18 by her court date.(please read details).

My daughter got charged as a minor for driving without a license and past curfew. However she had her permit and is getting her license before her court date. What will happen to her license and how will she be charged ? What else do I need to know ?

Wilfred Yeargan
Wilfred Yeargan answered on Dec 15, 2017

Those are misdemeanor criminal charges. On a first offense in juvenile traffic court, I usually request that the judge defer the case for six months for dismissal with completion of a driver improvement course and good behavior. Contact an experienced juvenile traffic lawyer for advice. My office... Read more »

1 Answer | Asked in Civil Rights, Juvenile Law and Criminal Law for Virginia on
Q: I am a 20 year old Lesbian dating a 17 year old

we have consensually been together for 7 months and her parents found out. Her mother has threaten to call the police and file charges. If the relationship is consensual would those charges be filed and approved just for being bias? What is the most that could happen in this situation?

Bryan J. Jones
Bryan J. Jones answered on Dec 9, 2017

You could be charged with contributing to the delinquency of a minor. That's a class 1 misdemeanor. That's probably the most that would happen in this case, based on what you've said in the question.

1 Answer | Asked in Juvenile Law and Criminal Law for Virginia on
Q: If I am 17 and I want to get pregnant (18 before having the child) and he's 23, could my legal guardian press charges?
Bryan J. Jones
Bryan J. Jones answered on Oct 27, 2017

In Virginia, it's illegal for someone who's 18 to have sex with someone under 18. If the police found out, the 23 year old could be charged with a crime.

1 Answer | Asked in Juvenile Law for Virginia on
Q: Last weekend I moved my stuff out of my dads house. He is trying to take legal action, what can he do? (virginia)

I lived with my dad for a little over a year, and i moved out a few days ago, just took out the items that i use, and I had a key to the house, only me and 2 friends entered the house, and when i was done i left the key on the table and informed him about it.

Gary D. Godman
Gary D. Godman answered on Sep 27, 2017

He could request you return or compensate him for any items that he owned that were taken. If you're served with a lawsuit, talk to an attorney about what you did and didn't take, and whose stuff it was.

1 Answer | Asked in Juvenile Law for Virginia on
Q: My daughter and I are wanting to move out of state next summer. She is 16 yrs old. what do i have to do?

Her father and her dont really have a relationship, on her choice. For me, i have family down there and better job opportunities. There was a custody agreement filed 15 yrs ago, and hasnt been revisited since. He pays nothing and doesnt contribute for many years now. What steps do i need to take to... Read more »

Gary D. Godman
Gary D. Godman answered on Sep 27, 2017

Unless the court order says otherwise, every party in a custody case has to give at least 30 days' written notice to the court and the other parties of any intent to move. The other parent can then bring suit in court to challenge the move if they wish. Talk to a local family law attorney to... Read more »

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Virginia on
Q: Are my parents allowed to get someone to report my whereabouts and doings?

I am 17 and my parents have someone essentially spying on me in the neighborhood. They don't approve of my friends down the road and have forbade me from associating with them. Is it legal for them to get other parents to watch me and and my friends when they aren't home? It makes me feel... Read more »

Gary D. Godman
Gary D. Godman answered on Sep 27, 2017

Unless this person is stalking you (in a legal sense - putting you in fear of death or injury), there's not much to be done. It's your parents' job to keep you out of trouble, and if this is how they choose to do it, there is likely nothing illegal about it.

2 Answers | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Virginia on
Q: If you are 13 and rape someone that is 13 also can you be charged?

The state is Virginia, the actor is 13 and the "victim" is 13.

Gary D. Godman
Gary D. Godman answered on May 24, 2017

Absolutely, yes.

View More Answers

1 Answer | Asked in Child Custody and Juvenile Law for Virginia on
Q: I am a non-parent whom was granted temporary custody of an infant do I have a fighting chance to gain permanent custody

The birth mom was gonna abort and she used drugs and didn't get any prenatal care for baby and then she was putting child up for adoption because she was too far along and then decided on family adoption. Do I have any chances of being able to keep the child permanently and now the grandmother... Read more »

Gary D. Godman
Gary D. Godman answered on May 18, 2017

This is not a question that can be answered with a simple reply on the internet. There is a lot going on with this case, and you need to speak to a local family law attorney to plan your case accordingly. There are many instances where a relative or non-relative can obtain custody of a child, and... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Virginia on
Q: Can a 13 year old child that is abusive and disrespectful to his family be placed in a juvenile detention center?

My little brother has been extremely disrespectful and abusive to my mom and me for years and I'm not sure what needs to be done.

Susan Fremit
Susan Fremit answered on Apr 4, 2017

I would suggest looking into meeting with a family counselor before getting involved in the court system.

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: What is the probability that the court will let me get emancipated and what else do I need to do?

I live in Virginia and want to get emancipated. I am 16 and will be turning 17 in March and going to college in August. I have a plan to get an apartment at the end of May but until then I have another place that I can stay. I am getting a job but I have a lot of money saved up.

Gary D. Godman
Gary D. Godman answered on Mar 3, 2017

You'll have to show your financially able to be independent, but, more importantly, your parents are going to have to agree to your emancipation. If you can manage it, talk to a family law attorney. Another good person to talk with would be your school counselor, who may be able to point you... Read more »

2 Answers | Asked in Consumer Law, Products Liability and Juvenile Law for Virginia on
Q: Is it legal for me to sell alcohol or tobacco in a store that I work in if I'm under 18?

I just wanted to know if either one is legal here or if they are both illegal....

Robert D. Kreisman
Robert D. Kreisman answered on Jan 27, 2017

In most states, you must be 21 to sell alcohol, although I am unsure about the sale of tobacco products.

View More Answers

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Juvenile Law for Virginia on
Q: Do you think this case could be appealed again? Could there there be a program for crimes as juveniles to reduce time ?

In my opinion juveniles make a lot of mistakes, but whose to say that you don't change? I think the sentence of 38-40 years to a 15 year is just way to much. I wanna look more into this case

Brian Lehman
Brian Lehman answered on Jan 14, 2017

You did not list the case that you are referring to, so a lawyer on this website will not be able to help you.

View More Answers

1 Answer | Asked in Juvenile Law and Personal Injury for Virginia on
Q: what is correct form to request funds from infant settlement we are homeless. I have a job but need help to rent a home

I wrote Judge a letter requesting and was denied due to improper form and they couldn't tell me what was the proper form.

Peter N. Munsing
Peter N. Munsing answered on Dec 30, 2016

I suggest you start with the attorney who worked the settlement. Understand in most states judges are reluctant to go into the childs funds for any reason, let alone for something that benefits the family as a whole, not just him.They want to see it go to him only. Sorry, but that's the law.... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: my son is behaving in a completely inappropriate manner, being disrespectful with his grand parents, brother and sister.

i have already involved child services but want to know what I can do to prevent him from continuing with this uncooperative demeanor he has acquired. what is your advice?

Gary D. Godman
Gary D. Godman answered on Aug 3, 2016

I'm not sure there is a legal answer for you at this point as you appear to have already involved Social Services. Perhaps seek out a child counselor or therapist who specializes in children's behavioral issues.

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: My husband has signed our age12 daughter to go out-of-state with a group of boys with a church group without my consent.

I was not told about this, he never discussed it with me, or asked for my permission. When I found out from our daughter, I told him that she wasn't going. He says that he paid $200., and that she was going. One girl with a group of boys just doesnt sit well with me. I do not trust this group... Read more »

Gary D. Godman
Gary D. Godman answered on Jul 7, 2016

This sounds like something you'll have to work out with your spouse. I'm not sure what legal option you would have, as the Juvenile & Domestic Relations Courts will generally decline to get involved in this type of dispute if the parents live together. Good luck.

1 Answer | Asked in Juvenile Law for Virginia on
Q: i am 17 & 6 mths old, is it legal for me to move out of my parents house without repercussions, if i don't have consent?

my father will not emancipate me and my mother does not have any rights over me, she just has a signed document from my father stating that he gave her temporary custody.

Gary D. Godman
Gary D. Godman answered on Jun 8, 2016

Unless your mother's rights have been terminated in what is usually a lengthy court process, she almost certainly has some type of rights over your custody and well-being. If you attempt to move out, either of your parents could ask the police to return you home. If you refuse, they could... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Virginia on
Q: Can my parents lock me out?

I am 18 and a senior in high school and my sister is 14 and a freshman in high school. She locked both me and my sister out of the house because I got a ride to school this morning with a friend since she refused to provide transportation, and when we both arrived home, the doors were locked with a... Read more »

Gary D. Godman
Gary D. Godman answered on May 24, 2016

I do not believe it is appropriate to lock you out, even if you are 18. That is your residence, and I doubt you have been evicted by court order. It is even more inappropriate to lock out the minor. If you are locked out and have no place to go, go to a trustworthy family member or friend's... Read more »

1 Answer | Asked in Education Law, Family Law and Juvenile Law for Virginia on
Q: I want to move in with my boyfriend when I am 18. Can my guardian stop me if I am 18 and still attending school?

She said she was going to take me to court if I live somewhere she doesn't want me to live.

Gary D. Godman
Gary D. Godman answered on May 23, 2016

At 18, you are an adult in Virginia. The parents could file a petition for guardianship over you if you are mentally or physically unable to manage your own affairs - however, the mere fact you are moving and they don't like it is not a sufficient basis. If they do attempt this, you will be... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.