Virginia Recent Legal Answers from Lawyers

When a parent tries to turn a child against the other parent, this is known as parental alienation.  These cases are very difficult to prove because the offending parent is usually very careful to conceal his or her actions.  If you cannot prove that the child(ren) is acting consistent with the father's directive,  you do not have the evidence that is necessary to tell your story.  Further, if the child is very young, it may be difficult, if not impossible, to know what is happening in the other parent's home.  These types of cases are time-consuming and will require a great deal of effort to prove the actions of the other parent.  Legal Services of Northern Virginia may be willing to assist you but there are limits on the number of contested cases they are able to accept, per year, given their budgetary constraints. Frequently, large law firms have pro bono departments, which set aside a certain number of hours each year to help out in matters of this sort.  However, you have to start looking for firms with pro bono departments, to see if you can find the right law firm.  It may be a good idea to start calling around to see if you can find larger firms that are willing to perform pro bono services.  If you don't provide this type of service, you may find someone within the firm who is able to make a referral.  You need to set aside some time to start calling lawyers to see if you can find someone to help you, ASAP.  It may take several weeks to find someone but it is worth the effort.  Unfortunately, small law firms are not equipped to take on cases that will take a lot of time. All firms bill by the hour and if a small firm is engaged in work that does not generate income,  this will make it difficult, if not impossible for a smaller firm to meet its financial obligations., i.e., rent, utilities, staff, etc.  Sometimes, smaller firms will reduce their hourly rate or place you on a payment plan.  However, if the case is too messy and will linger for a long period of time, this may not be possible.  If you are unable to secure representation, maybe, it will be a good ieal to get a therapist involved or ask the court to appoint a Guardian ad Litem to represent the children.   Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice. In order to properly advise you, you need to share all relevant facts in your case, including all court orders and pleadings, with an attorney to see if you can find someone who is willing to assist you.  Best of luck~... Read Answer

Lawyers.com offer general information and not legal advice.  Legal advice is based upon the specific facts of your case, as applied to the applicable law.   You stated that you are seeking to begin the divorce process and legal separation period (6 months).  To proceed with a divorce on the basis of a six-month separation, you must demonstrate that there are no minor children and you have reached an agreement.   Absent a fault-based divorce, such as cruelty, desertion, adultery, etc, you cannot proceed if you do not satisfy the above requirements.  As for disclosing your address, the short answer is yes.  You must disclose your address if there are minor children involved.  However, if there are no children, and you have a valid justification for not disclosing your address, maybe, your lawyer can file a Motion enjoining disclosure of this information.  I am not sure that your question can be properly answered in this forum and I suggest that you meet with an experienced family lawyer to discuss your matter in context and in greater detail.  Best of luck~... Read Answer

Unfortunately, your question cannot be answered in this forum because it is not clear from the facts in your question what is meant by, "signed over his rights physical and legal."   Are you suggesting that you have sole custody? Or, are you implying that the father's residual parental rights have been terminated?  If you have a court order granting you sole custody, this type of custodial arrangement is subject to review and modification,  based on a material change in circumstances that is in the child's best interest.  Moreover, if the father is paying support, this tends to support the conclusion that you have sole custody, instead of the father's rights having been terminated, which is not subject to review.  Lawyers.com offers general information and not legal advice.  Legal advice is based upon a careful review of the facts in your case, as applied to the law in your jurisdiction.  To obtain legal advice, you must provide a complete review of your file, including all court order(s), and provide a detailed overall of facts, surrounding the father's request for modification.  It is recommended that you consult with an experienced family lawyer in your area to discuss your case in greater detail, so you can make an informed decision regarding your rights and the best interest of your child.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum.  In order to answer your question, you need to have a clearly stated goal and a general willingness to pursue that goal.  It will not be easy to end this marriage, and will require a tremendous amount of effort to help you implement a legal strategy that works for you.  Yet, it can be done, if you are willing to gather the information necessary to support your claims, and you have witnesses with personal knowledge of the factors and circumstances leading to the dissolution of the marriage.  In order to protect your interest, I recommend that you commit to hiring a lawyer and look for someone with a willingness to help you get out of the marriage.  Please note that most lawyers charge by the hour, therefore, you will be investing in the time required to develop your case and prepare you for trial.  All time devoted to your case will be based upon the lawyer's hourly rate.  Therefore, you need to be able to candidly discuss fees and costs, at the time of the initial consultation, and see if there is anything thing the lawyer is willing to do to help you move forward.  The goal is to be candid with the lawyer regarding your ability to pay for services to avoid any confusion or misunderstanding.   Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum, as there are several variables that cannot be accounted for without an interview that makes it possible to discuss the particulars in your situation.  For example, your question appears to focus on the termination of your health insurance.  Yet, you raise this question in the context of a separation.  There is a major difference between what happens at the time of separation vs what happens upon entry of a decree of divorce.  Generally, when parties separate, the party providing insurance may continue to provide coverage until the parties are divorce.  However, once a divorce is entered, most insurers are no longer able to provide coverage for a former spouse.  Employers are generally required to offer what is referred to as COBRA or stated differently, a continuation of coverage.  However, if you are ill and cannot work, a court may require your spouse to pay spousal support, a part of which could be used to pay for your health insurance coverage. In order to answer your question,  I recommend that you meet with an experienced family lawyer in your area to discuss the significant facts in your case, so you can make an informed decision regarding your overall best interest.  Please note that most lawyers charge by the hour.  The consultations may be based upon the lawyer's hourly rate.  Therefore, you need to discuss fees and costs associated with the initial consult in advance of the meeting to avoid any confusion or misunderstanding. Best of luck... Read Answer

Please be informed that Lawyers.com offers general information and not legal advice.  Legal advice is based upon a complete review of the relevant facts in a particular case, including but not limited to the pleadings, and agreements reached by the parties, and the final disposition of the applicable court.  Your questions is very fact-specific and will require legal advice for a number of reasons.  Based on the information you have provided, it appears that a court order is already in place.  Was the court order entered by agreement of the parties? Or, was it the result of action taken by Child Protective Services or some other state agency?  If the latter, what were the circumstances leading to entry of the current court order?  Were the parents involved in the legal proceedings, if so were there any agreements?  Were the parents represented by counsel?  If the father was incarcerated at the time of the prior proceedings, did the court appoint a Guardian ad litem to represent his interest?   Who " want (sic) to take parental rights, as referenced in your inquiry?" If there is a termination of parental rights proceeding, was it initiated by the state or the grandparents?  If the grandparents are seeking to terminate the father's parental rights why are they seeking termination?  Is the goal one of adoption? If so, are they prepared to engage counsel to pursue a contested adoption? For that reason, it is not possible to answer your question in this forum and it is suggested that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is based on the facts in your case, as applied to the applicate law.  Your question cannot be answered in this forum without additional information.  As a general rule, a person with a legitimate interest in matters of custody/visitation has a right to petition the court for relief.  However, if both parents object to a third party having contact with their child, it is highly unlikely that a court will award visitation. Although you cannot stop her from filing, the evidence presented in court will determine whether a court will award visitation.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is based on the facts in a particular case as applied to the law in the jurisdiction where the parties reside.  If they live in Georgia, issues relating to paternity, custody, and visitation will, no doubt,  be governed by the laws. Therefore, your question cannot be answered in this forum, using Virginia law.  It is recommended that your daughter and her family confer with an attorney in GA to discuss their situation in greater detail.  Best of luck~... Read Answer

When a Will is submitted for probate it becomes a public document.  The executor is required to submit an Inventory to the court within a certain period of time.  This, too, becomes a public document.  Check with the probate court of the county where you father died.  Whether you or anyone else has a right to something depends on what the Will says.  Whether there is anything to distribute to anyone depends on the costs of your father's final illness, funeral, probate administration and whatever other debts he left.... Read Answer

You don't have to return gifts, but the question will be whether these were unconditional gifts.  Your ex will no doubt claim otherwise.   For example, he may claim that he did not "give" you the equipment, but only allowed you to use the equipment while the two of you were together.  The fact that title to the trailer would support such a claim.  Ultimately a court would have to decide which of you is telling the truth and, absent some documentary evidence or testimony from some objective party with personal knowledge of the issue. it may come down to he said/she said.... Read Answer

Lawyers.com offer general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum.  In order to answer your question, one must review the precise terms of the Decree, the date the order was entered, and how much time has gone by since the date of entry.  Further, were you represented by an attorney at the trial or hearing?  Did you reach an agreement or did the court rule on the amount of support due under the order?  In order to protect your interest, I recommend that you meet with an experienced family lawyer in your area to discuss the significant facts in your case, so you can make an informed decision regarding your overall best interest.  Please note that most lawyers charge by the hour.  The consultations may be based upon the lawyer's hourly rate.  Therefore, you need to discuss fees and costs for the initial consult in advance of the meeting to avoid any confusion or misunderstanding.  Best of luck~  ... Read Answer

Lawyers.com offer general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum and will require a complete review of the facts in your case.  As a general rule, the grant or denial of spousal support is totally discretionary with the court.  The judge will review all relevant facts in the case and make a decision by applying the applicable law to those facts. For example, what is your age?  What is the status of your physical and mental health? What is your earning capacity, education and work history? Did you work during the marriage?  What was your standard of living during the marriage, etc? The court will carefully consider all of the relevant statutory factors and then make a decision based upon your needs and your spouse's ability to pay. In order to protect your interest, I recommend that you meet with an experienced family lawyer in your area to discuss the significant facts in your case, so you can make an informed decision regarding your overall best interest.  Please note that most lawyers charge by the hour.  The consultations may be based upon the lawyer's hourly rate.  Therefore, you need to discuss fees and costs for the initial consult in advance of the meeting to avoid any confusion or misunderstanding.  Best of luck~  ... Read Answer

Lawyers.com offers general information and not legal advice.  It is not possible to provide legal advice without a complete review of all facts in the case relative to the issues in dispute.  As a general rule, if parties share joint liability for a leasehold interest, each party may also be entitled to occupy the premises.  I use the word, "may," because there are exceptions, which could be applicable.  For example, is there a history of violence? If so, what if any steps have been taken to exclude the offending party from the premises? Is there a protective order in place, which denies the other party legal access to the home, consistent with the terms of the Order.  Does your spouse continue to pay the rent on the property?  What if any steps have you taken to place the lease in your sole and separate name? It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour for the initial consultation.  Therefore, you should discuss the lawyer's hourly rate and consultation before setting up an appointment to avoid any misunderstandings.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is when a client seeks specific answers to fact-specific questions. In Virginia, decisions relating to custody and visitation are governed by Virginia Code Section 20-124.3, which lays out the factors a judge must consider when making a decision governing these matters.  If parties are in agreement regarding issues of custody and visitation, as an option, they can go to the Juvenile and Domestic Relations General District Court in their area and tell the intake clerk there is an agreement follow the process provided by the court.  If there is an agreement, you should be able to move forward with little or no difficulty. Perhaps, you and your husband should discuss the issue first to see if there is an agreement.  If so, go to your local J&D Court to see what is the easiest way to move forward.  If you need to meet with a lawyer, I suggest that you confer with an experienced family lawyer in your area in order to protect your interest and move forward.  Most lawyers charge by the hour for an initial consultation.  Therefore, you should discuss the lawyer's hourly rate in advance so there are no misunderstandings regarding fees.   Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Your question is fact-specific and seeks legal advice. If your question is whether you can obtain a divorce based upon the facts presented the answer will depend on whether you have grounds to file for divorce.  In Virginia, examples of grounds include: separate and apart for one year; separate and apart for 6 months if there is a property settlement agreement and there are no minor children; desertion; cruelty, to name a few.  Once you have a basis for initiating a divorce, all of the other issues referenced in your summary may be presented as factors and circumstances leading to the dissolution of the marriage.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour, therefore, make sure you discuss the lawyer's hourly rate and how consultations are billed.  This will eliminate any confusion in the future.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Legal advice is based upon the specific facts in your case, as applied to the applicable law.   In matters of spousal support, the grant or denial of support is a matter that is totally within the discretion of the trial court.  The court will review the statutory factors, which include among other things the age of the parties, health, education, standard of living, etc., and make a decision based upon the needs of the asking party and the ability of the other party to pay. Your question cannot be answered in this forum and it is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Please note that most lawyers charge by the hour for an initial consultation, therefore, you need to discuss the lawyers' hourly rate and all payment arrangement in advance of scheduling a meeting to avoid any confusion or misunderstandings.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  You are requesting legal advice, which cannot be provided in this forum.  When it comes to custody cases, courts make a decision based upon the best interest of the child, as set forth in Virginia Code Section 20-124.3.  Although you may desire sole custody, it is up to the court to decide if sole custody is in the child's best interest. Finally, it is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater details. Most lawyers charge by the hour, so it is important that you discuss the consultation fee in advance of scheduling a meeting to avoid any confusion.  Best of luck~... Read Answer

A foreign national who is out of status and married to a US citizen can adjust status even if said foreign national has overstayed his visa. However this privilege of adjusting status to get a green card while out of status is not afforded to a foreign national who is married to a lawful permanent resident. Discuss your case with with counsel for a complete review of the facts of your case so an informed opinion can be reached.... Read Answer

Your question cannot be answered in this forum. Lawyers.com offers general information.  You are asking a  fact-specific question that will be governed by the information in your particular case.  There is no way to address this issue without a careful review of your file, including the pleadings, and more importantly, the transcript.  If the Judge made an equitable distribution award, all of the particulars of the court's ruling must be included in the Order.  This usually involves securing a copy of the transcript ruling and preparing the order consistent with the transcript.  There is no way to predict how much time will be involved in reviewing the file, documents presented as part of the case, transcript, including statutory language, etc.  I suggest that you contact the lawyer who was asked to prepare the Order and request both a time estimate and cost approximation.  Best of luck~... Read Answer

In Virginia, if you have an accident at work, you have to file a claim with the Virginia Workers Compensation Commission within two (2) years of your accident. If you are unsure if a claim was filed, you can contact the Virginia Workers Compensation Commission at 1-877-664-2566. You indicated you were paid a few months of compensation for your concussion. If your eye damage and vision impairment is permanent, then you may be able to file for the permanent loss of your vision if this loss can be rated. This would be the case unless your claim is now barred by the statute of limitations. ... Read Answer

As a preliminary matter, it is important to note that there are legal distinctions difference between custody, guardianship, and adoption. Each of the aforementioned terms has different legal standards that must be followed before a court makes a decision.  When your husband uses the term guardianship, what is his intent? Is it his goal to give "legal custody" to a step-parent?  If so, does the stepparent have a relationship with the child? If he has not remarried, is this statement made in the abstract and there is no new wife? When it comes to matters of custody, the court's primary concern in the best interest of the child, as defined in Virginia Code Section 20-124.3 What is best for a child will be governed by the facts in a particular case as applied to the applicable law. In the same question, you appear to be asking about an adoption? It is not clear to me what you are asking.   If you are the biological parent of the child(ren) in question, and your rights have not been terminated by a court of competent jurisdiction, you have a right in the care and custody of your children.  If you are fearful that your husband will try to permanently divest you of the care and custody of your child, perhaps, you need to consult with an experienced family lawyer in your area to discuss the legal implication of any decision you are considering, as it relates to your legal rights.  Unfortunately, your question as presented cannot be answered in this forum.  Lawyers.com offers general information and not legal advice. In order to obtain legal advice, you need to meet with an experienced family lawyer in your area to discuss this matter in greater details.  Most lawyers charge for an initial consultation, which is often based on a lawyers hourly rate.  I suggest that you discuss these practical matters before making an appointment to avoid any misunderstandings or confusion. Best of luck~... Read Answer

I would strongly suggest that you call our office first thing Monday morning.  Ask for Intake Manager Adam Jeffery.  We can be reached at TOLL FREE 855-254-7841.   We'll do whatever we can to help.   **** We also STOP UNLAWFUL COLLECTION AGENCY CALLS AS well!  Sincerely,   Scott F. Bocchio President Legal Rights Advocates www.yourlegalrightsadvocates.com     ... Read Answer

I have practiced Virginia Workers Cmopensation law for over 35 years. I understand you have a torn bicep. I understand you returned back to your old job. If your arm has suffered a permanent loss, then you may be able to get a permanent disability rating and be paid for this. You can contact me for more information. You should also make sure your injury is covered by an AWARD from the Virginia Workers Compensation Commission. ... Read Answer

You can apply to open a probate estate in Virginia, put the money in the estate and wait to see whether the debt collection agency submits a claim, submits it in proper form and, if you as administrator deny the claim, hires a Virginia lawyer to sue the estate.  Once the debt collection agency sees how little is in the estate, it may decide that this is not worthwhile. Debt collection agencies often contact grieving family members, offering "deals" such as accepting 50% if paid within a week.  Since they buy the debt at 12-25 cents on the dollar (debt overdue 90 days is written off by the credit card company), they are making a good profit if the family member takes the bait.  In some states, such as Texas, the creditor must properly file the claim with the court and, if it is denied, sue to recover it.  Unless a large amount is due -- and recoverable -- they often do not. If you do not open an estate, the debt collection agency could theoretically sue you for conversion.  Given the amount recoverable, they might well make a business decision not to:  court filing and attorney's fees would take most, all, or more than the amount recoverable.    ... Read Answer