http://www.elprime.com/tracker/family-law/VA.html Family Law Virginia We track thousands of legal websites daily to deliver you prospects actively looking for your legal specialities in Virginia. Fri, 20 Jan 2012 06:43:52 -0600 en-us http://www.elprime.com/tracker/subscribe.htm?477717.001 Mon, 03 Aug 2009 07:29:00 -0600 Child Custody & Visitation I have a 15 year old son, his father and I were never married I did take him to court for child support when my son was 3. We lived in Colorado where is dad currently is. I have since married and about 5 years ago my husband was offered a job in the DC metro area. I had the original agreement modified with my attorney in Colorado to move out here. Part of the agreement was a reduction of child support paid to me while our son is visiting for 3 weeks during the summer (which I now regret), but as part of the reduction his father was supposed to get him into camps or something. My son just returned home from the visitation and told me that not only did he not go anywhere but he babysat his younger siblings,9 and 3 while his dad and step-mom were at work. Another thing is during these visits he is supposed to allow my son to see and or call anybody in my family that is there grandma, grandpa, aunts, uncles...when I ask my ex if he saw/called anybody his response is always I asked and he didn't want to. To top it off the child support he does send is never on time and gets later and later every month. I had his wages garnished at one time only to have him change jobs every time his wages were touched. My attorney in Colorado is no longer practicing law, where do I go from here? Should I hire somebody in VA or find somebody else in CO? or do I even have a case? http://www.elprime.com/tracker/subscribe.htm?477717.001 http://www.elprime.com/tracker/subscribe.htm?477519.001 Sat, 01 Aug 2009 12:18:00 -0600 Child Support Child is 11 years old. Parents were not married when child was born but married after and have been divorced for 7 years. No custody was ever established, father did not sign BC, and mother never filed for child support or custody. Child resided with both parents fairly equally until 2 years ago, meaning each parent had long periods where the child lived in each of their homes. No paternity was ever filed until mother filed for child support in January of this year. Father has filed for custody now. If parents are given joint custody, how does that effect child support?What is the name of your state (only U.S. law)? http://www.elprime.com/tracker/subscribe.htm?477519.001 http://www.elprime.com/tracker/subscribe.htm?477447.001 Fri, 31 Jul 2009 18:35:00 -0600 Child Custody & Visitation My husband passed away unexpectedly after five happy years of marriage. He has a son who is 14. My husband and his ex-wife had 50-50 custody and my step-son wants to continue the schedule with me and my daughter (age 17) as his extended family, but his mother isn't likely to cooperate voluntarily. Can I sue for visitation (I know custody would be unlikely) and if so, what do you think my chances are? My step-son is desperate for an answer. http://www.elprime.com/tracker/subscribe.htm?477447.001 http://www.elprime.com/tracker/subscribe.htm?477206.001 Thu, 30 Jul 2009 11:16:00 -0600 Child Support A relative was incarcerated for 17 years when his children were 5 and 12. He and his wife cared for them prior to his going to prison. His wife re-married while he was in prison. He has been out of prison for almost 4 years and is now married and his ex has now filed for back child support. Their kids are now ages 22 and 29. It is obviously not easy to find a good-paying job with a felony on your record. It’s even difficult for the perfect citizen these days to find a job. He did find a job but was laid off earlier this year and this has caused a hardship for him. He was just asked back to his job a week ago. He is really struggling. What can he do to avoid trouble with the court system concerning this child support matter? He has no money and is barely making it himself. While I realize the ex-wife has a right to file for back support, it’s not like the kids need milk and pampers. They are grown with children of their own. [The real issue is the ex can’t stand that he is married to someone else knowing full well he is struggling.] Does this father have any legal rights to at least put a hold on this until he can get a little more financially secure if ever? He was so stressed when he lost his job and now finally got that back a week ago and to be faced with child support now -- at this time -- when he is barely making it himself. What can he do? He is a good guy. He loves his children. He just does not have any money and had relied on relatives to help him with his rent after losing his job. He and his wife can barely pay rent and a car payment. He received a letter threatening to take his drivers license if he doesn't come up with over $300 a month. No financial statement was ever requested. How could he ever get to work to make the little that he does get? Is there a lawyer out there that can help him? He really is a good guy who made a mistake that he paid for and now just needs a chance to get on his feet. He's not like most dead-beat dads out there. He just needs a chance to get on his feet. HE NEVER NEGLECTED HIS CHILDREN PRIOR TO INCARCERATION. He has no problem paying. He just doesn't have it under the circumstances. http://www.elprime.com/tracker/subscribe.htm?477206.001 http://www.elprime.com/tracker/subscribe.htm?477087.001 Wed, 29 Jul 2009 16:18:00 -0600 Child Custody & Visitation My daughter is 2 years old. She was born in Virginia and has lived with my husband and myself until May 2009. In May 2009, my husband and I separated. My daughter and I moved to West Virginia with my mother. On June 11, 2009, a court order was set into place in West Virginia. I recieved residential custody and my husband recieved visitation. I decided to move back to Virginia, but since I would be sleeping on the couch at a friend's house until I could get on my feet, my mother agreed to watch my daughter until I got on my feet. On July 21, 2009, my mother filed for custody of our daughter. The judge in West Virginia gave my mother custody and gave us visitation. My husband and I have reconciled and are living in the same house that our daughter was raised in. We have letters from Child Protective Services stating that our home is a suitable environment. There is no drugs, alcohol, or any questionable behaivor envolved. We are loving parents and feel the judge made an unfair ruling. I have researched the Jurisdiction Laws, but am unsure about what to file or what to do next. I would appreciate any advice anyone can give. http://www.elprime.com/tracker/subscribe.htm?477087.001 http://www.elprime.com/tracker/subscribe.htm?477022.001 Wed, 29 Jul 2009 10:45:00 -0600 Child Support My wife has as order of support that includes the order "The Respondent shall also pay 58% of any reasonable and necessary unreimbursed medical and dental expenses in excess of $250 for any calendar year for each child covered by this order." Her ex is the "Respondent", she has custody of their daughter and he has custody of their son. Both children are listed on the order. Does he cover the first $250 of unreimbursed expenses for both children or just the son? She's trying to figure the amount correctly and just got handed a years worth of medical bills. Thanks in advance for any and all help. http://www.elprime.com/tracker/subscribe.htm?477022.001 http://www.elprime.com/tracker/subscribe.htm?476885.001 Tue, 28 Jul 2009 13:31:00 -0600 Child Support My boyfriend married a girl because she was pregnant. When she had the baby he knew the baby wasn't his because they were both white and the baby was black. They got a divorce and she filled for child support and then took away his visitation because he wasn't the biological father. She won. He appealed and got visitation but she has not complied. She has since remarried and has three other children. I don't think he should have to continue to pay child support for a kid that's not his and the fact that she refuses to comply with visitation. Please help!! http://www.elprime.com/tracker/subscribe.htm?476885.001 http://www.elprime.com/tracker/subscribe.htm?476835.001 Tue, 28 Jul 2009 08:59:00 -0600 Child Custody & Visitation I am going back to court to ask for a first right of refusal be put into our court order. XH informed last Friday that his job is changing to where he will be overnight. Between this and a few other incidents which are minor but seeming to add up here lately, I would like to have these put into our order. When I told this to XH he said that was fine it would last until he married his girlfriend, because then she wouldn't be ababysitter she would be her stepmother. I get that but would he still be required to use the FROR? I was under the impression that I would still be called first regrdless and the same for him, I have to call him first either way. http://www.elprime.com/tracker/subscribe.htm?476835.001 http://www.elprime.com/tracker/subscribe.htm?476757.001 Mon, 27 Jul 2009 18:30:00 -0600 Divorce, Separation & Annulment My 2008 MD divorce decree incorporates but does not merge my voluntary separation agreement. The agreement directs my ex-spouse to take action as necessary to permit transfer of a vehicle to me as sole owner. I have moved into VA and the title still has both our names as owners. She refuses to comply and I am faced with suing for contempt of court order and also pursuing ex-spouse payment of legal fees. Is there another way? Will a divorce decree and separation agreement be accepted as evidence of my sole ownership in MD and VA? http://www.elprime.com/tracker/subscribe.htm?476757.001 http://www.elprime.com/tracker/subscribe.htm?476559.001 Sun, 26 Jul 2009 14:19:00 -0600 Alimony & Spousal Support What is the name of your state (only U.S. law)? Virginia, what if my ex spouse threatens to withhold spousal payments becasue he thinks I owe him $. We have a non-modifiable clause in our agreement. http://www.elprime.com/tracker/subscribe.htm?476559.001 http://www.elprime.com/tracker/subscribe.htm?476266.001 Fri, 24 Jul 2009 06:33:00 -0600 Child Support I live in NY She lives in VA Going to court in VA, been living there for 12 months Do you have to establish custody first before you establish child support? The EXgirlfriend and I made an agreement for custody but there was no discussion on child support. Will the court approve the custody agreement and not bring up child support? If child support does not come up and I help out with paying bills, is this supplement to child support? http://www.elprime.com/tracker/subscribe.htm?476266.001 http://www.elprime.com/tracker/subscribe.htm?476179.001 Thu, 23 Jul 2009 15:09:00 -0600 Child Custody & Visitation I am currently engaged and my daughter and I will be visiting my fiance's family. They have a full basement apartment in their home that my child and I will be staying in. Is it ok if my fiance stays overnight in the main part of the house completely seperate from me and my daughter? My divorce agreement states no overnight guest that you are romantically involved with but not married to. http://www.elprime.com/tracker/subscribe.htm?476179.001 http://www.elprime.com/tracker/subscribe.htm?476153.001 Thu, 23 Jul 2009 12:45:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters virginia Can a husband move out and leave his wife homeless and don't tell his wife where is live at? http://www.elprime.com/tracker/subscribe.htm?476153.001 http://www.elprime.com/tracker/subscribe.htm?476141.001 Thu, 23 Jul 2009 12:00:00 -0600 Child Custody & Visitation I filed the petition for custody and petition for support yesterday. The intake officer told me that now that the papers have been filed my 1 year old will remain in my care until the hearing, unless the Father's lawyer appeals for an emergency hearing, but they would have to show good cause for doing so. My son has been sick recently. He's not in any sort of immediate danger, has had some respiratory issues and problems gaining weight that the children's hospital has decided needs further testing. We're in the process of ruling out cystic fibrosis. He has an appointment next week for a recheck on his weight and to discuss the upcoming referrals to other specialists. Am I legally obligated to allow the Father to attend the appointment? I am hesitant to allow him at the appointment because he is a very heavy smoker, which the doctor has already advised us our son needs to be kept away from at all costs. The father is not very good at remembering not to smoke around the child, especially in the car. Also, anytime he's been around me recently he's been cursing at me and saying inappropriate things to my 4 year old daughter. I finally had to call the police because he wouldn't stop. So can I just call or text him what the doctor said? Have the doc print a copy of that day's chart? (the office uses an electronic chart system) Its my understanding that even if I did sign a release the father couldn't call and get information because our son is being seen at a military facility and he is not the sponser. I don't want to do anything that will have a negative outcome for the upcoming hearing. Also, now that the papers are filed and the child is in my care, the intake officer said I have to give the father reasonable visitation opportunities. The father is supposed to give me notice, the intake officer agreed that 24-48 hours is a reasonable request on my part. I'm thinking 2-3 days a week for several hours each day is reasonable but again, I don't want to do anything that will mean a negative outcome. Anyone have suggestions for this? http://www.elprime.com/tracker/subscribe.htm?476141.001 http://www.elprime.com/tracker/subscribe.htm?476072.001 Wed, 22 Jul 2009 22:47:00 -0600 Child Custody & Visitation My ex-boyfriend and I lived together for a little over two years and split up in April after he was arrested for drugs. In that time we had a son who is now 15 months old. His father and I were not married, however his name is on the birth cert. and he has his last name. We have not been to court but he is threatening to sue me for joint custody. He has no job, no income, is living in the basement of his mothers one bedroom house sleeping on a blowup mattress. First of all, who does the law consider to have custody at this time? He is living with me and is solely supported by me but the father says we have joint custody. Is that true and what are the chances he could get custody? He is trying to get SSI. Has stated in SSI papers that he can't lift more than 10 lbs (his son weighs 25), can't bend, squat, lift, walk more than a block without resting for 10-15 min. Has to put his feet up at least 20 min. every hour. If all this is true, then he is not able to care for a rambuncious 15 month old boy. If he can care for his son then he is lying to SSI about his illnesses. Is that your thinking also? Please advise. Thank you http://www.elprime.com/tracker/subscribe.htm?476072.001 http://www.elprime.com/tracker/subscribe.htm?476065.001 Wed, 22 Jul 2009 22:08:00 -0600 Divorce, Separation & Annulment What is the name of your state (only U.S. law)? Virginia. I am seeking a divorce from my husband. I have 2 daughters, 13 and 9 years of age. We currently reside in Richmond where we relocated from Newport News a year ago. Both daughters wish to return to Newport News to attend school there. I have been a full time mother for the past 13 years. I have no intention on keeping their father from having regular contact with them, the two cities are 58 miles apart. What legal step do I have to make so that the three of us can move and register for school? Are my hands tied? Does the fact that I would not be moving out of state make a difference? I feel that my husband would do everything in his power to hinder the seperation and divorce process...in effect keeping us in his "control". Am I stuck?What is the name of your state (only U.S. law)? http://www.elprime.com/tracker/subscribe.htm?476065.001 http://www.elprime.com/tracker/subscribe.htm?476001.001 Wed, 22 Jul 2009 14:25:00 -0600 Divorce, Separation & Annulment Virginia Currently in same residence with my husband. Can I legally move with the children to another town? It is 60 miles from our home in Richmond. We moved to Richmond one year ago. Need to separate but can not afford to move to apartment in Richmond. Also children's and my good friends (strong support systems) are in Newport News. Husband would oppose this. What is my legal right to access to money in the joint accounts? http://www.elprime.com/tracker/subscribe.htm?476001.001 http://www.elprime.com/tracker/subscribe.htm?475878.001 Tue, 21 Jul 2009 17:54:00 -0600 Marriage, Domestic Partnerships and Other Family Law Matters I need to keep my existing individual brokerage account (without closing it and opening a joint account) -- due to trader tax issues and historical record keeping reasons. Can someone please tell me what legal document that I can draft to give my wife half the ownership of this individual account (effectively joint tenancy)? http://www.elprime.com/tracker/subscribe.htm?475878.001 http://www.elprime.com/tracker/subscribe.htm?475829.001 Tue, 21 Jul 2009 13:17:00 -0600 Child Support my son lives with his grand parents in virginia they have custody he will be 18 in Dec of 2009 when is the custody over and if he is not living with his mother am I still responsible for child support http://www.elprime.com/tracker/subscribe.htm?475829.001 http://www.elprime.com/tracker/subscribe.htm?475625.001 Mon, 20 Jul 2009 09:41:00 -0600 Child Custody & Visitation Have an er hearing for child pick up on the 30th of July. Mother is a drug addict and has neglected the children. Also she has removed them from there home state of florida without consent of father or courts. I have two people that will testify to the neglect and drug use. I am not sure what kind of questions I can ask the mother in the interrogatory? Can I ask her about two seperate Emergency room visits that disclosed he use of drugs and also the neglect of the children. Also I am not sure what discovery is and if it is just for getting information and docs that she plans on using or if it is meant to disclose our discovery to the court as well. I am the grandmother and my son is the one filing all this with my help. Does he need to subpoena myself, one in North Carolina and one in West Virginia? Also, one of the witnesses in west virginia would have to be intereviewed by phone, how do I do that? Do you have samples of interrogatory and discovery motion? http://www.elprime.com/tracker/subscribe.htm?475625.001 http://www.elprime.com/tracker/subscribe.htm?475542.001 Sun, 19 Jul 2009 14:34:00 -0600 Child Custody & Visitation Here is my situation, my ex-wife has primary caregiver, and we both have joint custody. i went and got my children may 22nd after school was out for the summer and i usually keep them till aug 1st. well about in june my 12yr old daughter said that her moms bf beat her with a curtain rod, and that when she ran upstairs her mom went up and dragged her by the hair of her head back down the stairs. well when i confronted her mother about the curtain rod, and thats all i mentioned was " whats the story with the curtain rod? " she told me that it was none of my business and that she would be down to pick up the kids and why do i always have to start stuff. that same day around 9pm she showed up, my daughter ran out the back door into the woods cuz she was afraid of her mother. the police was called and my kids said they do not wanna go back with there mother. and the police said they didnt have to, well till this day my kids dont wanna go back. im afraid come aug 1st she will be here to get them and im not gonna let them go. she resides in KY AND im in VA ... 2 different laws , the bad is the court order is through ky. the police here said that i dont have to let them go back, and i was told by ky they have too so im lost. and i do not have the money for a lawyer. but she did tell the kids come aug 1st if they wanted to stay they could. but she lied about that. i did file EPO'S on her and her bf but i dont think the judge will give me temp custody of them and my kids said if they g0 back with her they will just run away. i do not trust there family cuz when my daughter was beat she told her grandparents and they went and told her mom. so now shes afraid all together ,., what can i do to keep them here in VA with me and not have them sent back to KY , they would about have to arrest me before i would let them go back to her. HELP NEEDED WHAT SHOULD I DO? http://www.elprime.com/tracker/subscribe.htm?475542.001 http://www.elprime.com/tracker/subscribe.htm?475379.001 Fri, 17 Jul 2009 23:18:00 -0600 Alimony & Spousal Support What is the name of your state (only U.S. law)? Virginia. After 22 years of marriage I want to file for a divorce. I have been a full time mother for the last 11. My husband earns $120,000 a year. Since I am the one wanting the divorce, he says that giving me $25,000 and then $1000 a month for 5 years is overly generous and that if I get a lawyer and it goes to court I will get much less so I need to jump on his offer. Is this reasonable? http://www.elprime.com/tracker/subscribe.htm?475379.001 http://www.elprime.com/tracker/subscribe.htm?475376.001 Fri, 17 Jul 2009 23:08:00 -0600 Divorce, Separation & Annulment If a spouse commits one act of sodomy outside the marriage and that act is discovered, but the injured spouse says they forgive and want to remain in the marriage....can the injured spouse use the incident later as cause for divorce? http://www.elprime.com/tracker/subscribe.htm?475376.001 http://www.elprime.com/tracker/subscribe.htm?475363.001 Fri, 17 Jul 2009 21:31:00 -0600 Child Custody & Visitation Just wondering what would happen to someone if they did not show up for court on contempt charge? Taking mother-ncp for faliure to notify me of address change. She is required to give me 30 days notice of address change and she has already moved out of state. Im not sure if she will return for court. Also how will she be able to be served with summons if I do not have her address. Also I need to file a motion to amend custody order seeing she is no longer in the same state as me, do I need a lawyer? http://www.elprime.com/tracker/subscribe.htm?475363.001 http://www.elprime.com/tracker/subscribe.htm?475259.001 Fri, 17 Jul 2009 09:55:00 -0600 Child Custody & Visitation I live in Virginia. My ex and I had a baby in January. He just got charged with possesion of drug paraphonelia(sp?). The charge was originally possesion of marijuana, but they amended it. he said that the officer found a bowl under his seat, but he claimed it wasn't his. He has done drugs plenty in the past, so I don't believe him. and word is that he still does. He had our son at the time that he got charged with this. He has been making my life a living hell. he puts me down at every chance he has, and inconveniences me constantly as well. I want to know what the laws are about getting in trouble with drugs while you have custody of a child. I would like to take my son out of that unhealthy environment for good. I have ZERO drug charges and I don't want my son exposed to that. What can be done? http://www.elprime.com/tracker/subscribe.htm?475259.001