Virginia Recent Legal Answers from Lawyers

Unfortunately, you cannot force a parent to relinquish his/her residual parental rights.  The fact that the child was born outside of marriage is not a basis to divest a parent of custody.  The question of the father's fitness is a legal issue to be decided by the court. Your question cannot be decided in this forum. Lawyers.com offers general information and not legal advice.  I suggest that you confer with a family lawyer in your area to discuss your matter in greater details.  Most lawyers charge by the hour, therefore, you need to discuss the lawyer's hourly rate in advance of setting up an appointment to avoid any misunderstandings.  Best of luck~  ... Read Answer

The house is legally his since you are not on the deed, however, from what you have described, it appears you may have a financial interest in the home, and might be awarded a portion of the equity in a divorce.  If you are unable to support yourself financially if you move out, and you file for a divorce,  you would be able to ask the court for spousal support.  Please discuss the particulars of your situation with an attorney for more detailed advice.... Read Answer

If you and the children have lived in Texas for a period in excess of 6 months, this may raise questions under the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act) and you may have to initiate the case in Texas. :((((  Your question cannot be answered in this forum. Lawyers.com offers general information and not legal advice.  I suggest that you contact a family lawyer in Texas to discuss this matter in greater details. Best of luck~  ... Read Answer

As a general rule, the law provides that both parents owe a duty of support to a minor child.  This means that both parents are responsible for child support until the child becomes an emancipated adult.  The non-custodial parent should not be allowed to avoid his/her obligation to pay support by threatening to divest the custodial parent of custody.   If the father's name is not on the child's birth certificate, and there is a question regarding the child's parentage, the father can file a petition to establish paternity.  Once paternity is established, the father may file a petition seeking custody and or visitation.  The grant or denial of custody and or visitation is based upon the best interest of the child, as set forth in Virginia Code Section 20-124.3. Lawyers.com offers general information and not legal advice.  Legal advice is based upon a careful review of all facts in your case and the applicable law. If you have questions regarding the specifics of your case, please contact a family lawyer in your area to set an in-office consultation.  Most lawyers charge by the hour, therefore, you should discuss the cost of an office meeting before scheduling the consultation. Best of luck~... Read Answer

Citizenship has nothing to do with the speed of a divorce.  Divorce in most states is statutory.  The court will examine the facts in your case to determine whether you have met the statutory requirements.  If it is your desire to secure a divorce, I suggest that you confer with an attorney in your state to discuss all options.  Lawyers.com offers general information and not legal advice.  Lawyers charge by the hour, therefore, you need to confirm the cost of an in-office consultation in advance.  Best of luck~... Read Answer

Lawyers.com offers legal information and not legal advice. The grant or denial of an annulment will depend on the fact in your case.  Annulments are usually granted based upon defects in the marriage, such as bigamy, duress, defective licensing, lack of mental capacity, etc.   The facts that you have shared support a bad marriage rather than a defective marriage. Annulments are rarely granted and it may be in your best interest to meet with a lawyer to discuss all options.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  The facts in your case are rather complex and you need to schedule an in-office consultation with an experienced family lawyer in your area to discuss your case in greater details. Virginia judges make custody and visitation decisions based on the best interest of the child.  The court will review the statute and apply the applicable facts in your case in order to make a decision.  There is no way to know in advance what the court is likely to do in any case, since the facts in all cases will vary. However, by meeting with an experienced family lawyer, you will have an opportunity to discuss all details and receive legal advice based on the fact in your particular case.  Please note that lawyers charge by the hour, therefore, you need to discuss all consultation fees before scheduling a meeting.  Best of luck~... Read Answer

Hello, you are eligible to stay in the US. Why didn’t you file the extensive comprehensive packet along with your I-485? Please see below:    Form I-130, Petition for Alien Relative  Form I-130A, Supplemental Information for Spouse Beneficiary  Form I-485, Application to Register Permanent Residence or Adjust Status  Form I-864, Affidavit of Support  Form I-693, Report of Medical Examination and Vaccination Record  Form I-765, Application for Employment Authorization  Form I-131, Application for Travel Document ... Read Answer

Unfortunately, your question cannot be answered in this forum. Lawyers.com offers general information and not legal advice.  Legal advice is based on the specific facts in a case, as applied to the existing law. Moving out is a serious matter, which could have dire consequences.  However, there are exceptions, which the court may recognize as a legal justification for ending the marriage.  It is recommended that you confer with an experienced family lawyer before making a move to make sure your rights are protected.  Most lawyers charge by the hour for office consultations.  Therefore, you need to verify the fees before making an appointment. Best of luck~... Read Answer

I am not sure I understand your question. Are you saying that you and your wife are divorcing and you want to sell the house as part of the divorce? Or, are you saying you are married, not divorcing, and you want to sell the house but your wife doesn't?  The answer to your question will vary depending upon the facts.  Lawyer.com offers general information and not legal advice. I suggest that you set up a consultation with a family lawyer to discuss this matter in greater details. Legal advice is based on the specific facts in a particular case and will vary depending on the facts that you present to the lawyer.  Most lawyers charge by the hour, therefore, make sure you discuss the fee before setting up the appointment. Best of luck~... Read Answer

Thank you for your question.  I have reviewed the facts presented and do not feel that your question can be answered in this forum.  There are too many unanswered questions.  As a preliminary matter, your husband should speak with his children to ascertain whether they have in any way been compromised.   Under what circumstances were the children in the presence of the boyfriend?  Were they ever left alone with him? Did the boyfriend live in the home at the time of the offense?  Does he live in the home now? Were the children in question in the home during the time the sexual assault took place?  What is the boyfriend's current level of exposure to the children? Has your husband had a calm and civil conversation with the biological mother concerning this matter?  If so, did he feel that she was forthright in sharing information regarding any risk the alleged perpetrator posed to the safety of your children? Did CPS put into place a plan designed to protect all "at risk" children in the home?"  Has the CPS investigation been concluded? If so, was it "founded" or "unfounded?" Did CPS file an abuse and neglect petition? If so, is there a pending hearing?  If not, why? What if any recommendation were made by CPS?  Lawyer.com offers general information and not legal advice.  Legal advice is based on detailed facts in a particular case. It is recommended that your husband schedule a consultation with a family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour for office meetings.  Therefore, you need to verify the cost in advance before scheduling a meeting.  Best of luck~  ... Read Answer

No judgement is valid if you were never served HOWEVER (a) the documents do not necessarily have to be personally delivered to you to be served; and (b) even if you weren't served, the plaintiff may claim that you were, resulting in a judgment being entered against you which you would have to vacate by proving to the court that you were never served properly.  Bottom line is that you shouldn t just ignore this, but rather should contact the clerk of the court to find out what is going on in your case.  Depending on how much is at stake, you may want to hire a lawyer. ... Read Answer

It depends. There is more than one section for sodomy. The main one is this:  https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-67.1/ This is another possibility:  https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-67.2/ Assault is a class 1 misdemeanor assuming it is a simple assault.  ... Read Answer

Your daughter does not have to attend a private school thqat her parents don't want her to attend, but whether you would still be obligated under the contract you signed once she left depends on (a) what the contract provides; and (b) whether there is any basis to invalidate the contract.  There is no such basis apparent from your question, unless when you write that "it's not like I thought it was going to be" you meant that you had been defrauded into contracting, i.e. that there was a factual misrepresentation made to you by the school which it knew to be false and which you relied on in contracting.  In most cases, such a misrepresentation would have to be in the actual written contract to be a basis for negating it.... Read Answer

Lawyers.com offers general information and not legal advice.  In Virginia, issues of custody are based upon the child's best interest.  What constitutes the child's best interest is a factual question.  The court will look at the individual facts in each case and apply the law, as set forth in Virginia Code Section 20-124.3.  As grandparents, you have a legitimate interest to pursue custody.  However, the court will make a decision based on the overall best interest of the children.  Your questions cannot be answered in this forum.  It is recommended that you confer and consult with a family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour for office consultations, unless you qualify for some discount.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  Under the facts, as presented, if you have been properly served you must obey the request to appear in court.  If you have concerns about the paternity of the child, when you appear, you may request that paternity be established.  The Court will order a DNA test and the case will probably be continued to another date for the results.  Once paternity is established, the court will order child support, consistent with the support guidelines.   As noted, Lawyer.com offers general information and not legal advice. It is recommended that you confer with an attorney to discuss your case in greater details. Most lawyers charge by the hour for office consultations.  Best of luck~... Read Answer

There is a difference between YOU being liable, and your insurance company being responsible under your policy.  The person who would be liable would be the person or persons whose negligence caused the accident, usually the driver.  If the driver was not the owner but, for example, had a bad driving record, it is theoretically possible that the owner could also be partly responsible for allowing a dangerous driver to use their car.  Assuming that your son is driving and that there is no reason why he should be considered an especial risk, he would be liable for damages incurred in an accident caused by his negligence but you, not having caused the accident through negligence, would not be.  His insurance (on which you are also an insured) would cover such damages subject to the terms of the policy, i.e. there may be deductibles, policy limits, and particular types of damages which are not covered, and for which your son would be fully responsible.  In addition, your son's insurance premiums would go up.  I'm not 100% sure, but I believe that your insurance premiums wou also rise in such an instance.  Whether your separate insurance would also be used to cover your son's liability depends on the language of that contract.  For example an umbrella or excess policy might extend to such a claim, but I do not believe that an ordinary automobile policy on Car A would cover an accident in which Car B was involved, even if Car A and Car B are owned by the same person.  Again, however, exactly what your policy covers depends on the specific provisions of your policy. ... Read Answer

Having signed a contract acknowledging that you damaged the heating unit and agreeing to pay for the new one, it is almost certainly now too late to challenge that claim unless you can show that the agreement is invalid for some reason, such as fraud or duress.  You appear to be claiming that you were under duress when you signed the contract because you needed to have the apartment heated for your children, but I don't think this will fly because the law is that you are not under duress if you have the opportunity to go to court to seek relief.  If you didn't believe that you should be responsible for the new heating unit you should have sued your landlord to compel the landlord to install a new unit at the landlord's expense, instead of signing a contract agreeing to pay for the new unit.... Read Answer