Virginia Recent Legal Answers from Lawyers

Although a child born during the marriage is legally presumed to be the child of the parents (including the father),  if your spouse is not claiming paternity, I don't see the problem.   The real question is whether your estranged spouse is challenging paternity of the child that was born, post-separation? If he is not claiming paternity, this issue can be addressed in your Complaint for Divorce and resolved at that time. I suggest that you consult with a family lawyer in your area to discuss the proper way to address this issue in the Complaint for Divorce.  Best of luck~... Read Answer

Stephanie, check to see if there is a Northern Virginia Family Services, Legal Aid Society or similar organization in your area.  These organizations are devoted to helping low-income clients and may be able to assist you in securing a divorce. I also recommend that you look for local law schools in your area to see if they operate family law or domestic clinics.  Family law clinics are designed also assist low-income individuals with obtaining divorces.  If none  of the above-referenced options are available, you may wish to consider calling around to see if you can find a law firm that does pro bono work.  It is usually the larger law firms that are able to provide pro bono services.  Finally, if none of these suggestions work, and you cannot find a firm that will take your case, you may be able to find a smaller firm that will do a payment plan that allows you pay on installments.  If you really want a divorce, you must be willing to invest the time in calling around to find a lawyer that is willing to work with you.  It may prove to be time-consuming but you must be willing to do your part if you really want a divorce.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice. If your husband has filed any formal proceedings with the Court, you must be served with a copy of what has been filed.  Due Process requires that you receive notice and an opportunity to be heard in court. If you have not received any documents from the Court, there is little you can do until you know what relief he is seeking from the court.  I suggest that you ask him what has been filed with the court and when you will receive a copy of the paperwork. Unfortunately, your questions cannot be answered in this forum.  I suggest that you confer with a lawyer in your area to discuss this matter in greater details.  Best of luck~... Read Answer

As a preliminary matter, please note that Lawyers.com offers general information and not legal advice.  If you and your spouse are still living together as husband and wife, the court does not have jurisdiction or authority to address the issue.  The court only steps in when the statutory requirements for instituting a divorce have been met and the parties are seeking judicial intervention to resolve issues pending before the court.  Otherwise, courts would be overloaded with couples seeking advisory opinions in relationships that are not ripe for divorce.  Assuming that you are still living together and there is no intent to dissolve the marriage, you must resort to practical solutions to address your concern.  1) Speak with your spouse, and ask how he was able to remove all of the retirement assets without your signature? 2) Where is the money? 3) Did he roll it over to another retirement account, invest it, spend it, etc., If he provides a satisfactory response, hopefully, that will end the matter.  However, if he is evasive and does not address your concerns I suggest that you contact his employer. If the funds were improperly removed, his employer may be willing to share information with you to avoid any allegations that the terms of the plan were violated. Each company has a plan administrator or a comparable person who is responsible for administering retirement plans.  The administrator is responsible for ensuring that retirement withdrawals satisfy plan requirement and does not jeopardize the plan's tax status.  If your spouse has reached retirement age, ask whether your signature is required for withdrawals? If so, you may wish to share that you did not sign any documents and make a request for any documents that bear your signature.  Finally, if an investigation discloses fraud, forgery, or other criminal acts, this could lead to an investigation.  Unfortunately, your question cannot be answered in this forum without reviewing the retirement documents.  In order to protect your interest, you may wish to confer with an experienced family lawyer in your area for a confidential consultation.  Best of luck~... Read Answer

I am not sure I understand your question.  If, however,  your inquiry relates to an uncontested divorce, it is as the name suggests, a divorce where all issues have been resolved. If, on the other hand,  there are issues in dispute, i.e. custody, support, property, the divorce is deemed to be contested. All cases are resolved either by agreement of the parties or judicial resolution.  Lawyers.com offers general information and not legal advice.  If you have specific questions, it is suggested that you confer with an experienced family lawyer in your area.  Best of luck~... Read Answer

Unfortunately, what you describe as "briding the children" is a common ploy often used by parents attempting to gain an advantage in a custody case.  Fortunately, judges in Virginia make custody decisions based on the applicable law and facts presented during the trial. Virginia Code Section 20-124.3 provides the statutory scheme governing matters of custody.  The primary role of the judge is to make a decision based upon what is in the best interest of the child.   A best interest determination will take into account the relationship between a child and each parent, other family members, the propensity of the custodian to allow contact with the other parent, age, health, the mental condition of the parties and children, etc.   If the Mother has been in and out of the children's lives this is a relevant fact for the court to consider but it is not dispositive of the ultimate issue.   The court will consider all of the statutory facts, together with the evidence properly presented at trial, when making a final decision. Your question cannot be answered in this forum.  Lawyers.com offer general information and not legal advice. No lawyer to provide legal advice without a complete review of all pleadings, orders, and documentation relating to the history of the case.  It is suggested that you confer with an experienced family lawyer in your area in order to protect your interest. Best of luck~... Read Answer

Leave the state for vacation, or move out of the state?  It depends on what the current order states.  Does the current order prohibit the children leaving the state for vacation?   If you are talking about moving the children out of the state, and the current order does not give her permision to do so, you can file a Petition/Motion with the court to Enjoin the children leaving the state.  Speak to an attorney for more specific advice on your situation.... Read Answer

There is no way to answer your question in this forum.  The cost will vary, depending on a number of factors. Some lawyers offer free consultations, as a marketing tool to general business, while others may offer reduced fee consults.  These facts, notwithstanding, most consultations are billed at the lawyer's hourly rate, which varies.   You need a consultation because relocation cases are very complex. They are very difficult because a judge is being asked to limit a  parent's time with a child while allowing the other parent to leave the area.  If both parents have a good relationship with the child, and there is a court order allowing custodial access, this will add to the court's difficulty, in making a decision.  The Court is trying to send you a subtle message, which you will be wise to heed.  You need help to understand the legal process and avoid making arguments that are not legally sound.  If the other parent is represented by an attorney, you need someone to help you navigate your way through the process.  Best of luck ... Read Answer

If you entered the country legally on an f1 visa and have not traveled out of the country then you can adjust status if you married a US citizen.You should retain immigration counsel to make certain that you properly prepare and process your case correctly. Any immigration lawyer in the USA can represent you.... Read Answer

Virginia Code § 20-124.3. sets forth the statutory schedule governing custody and visitation determinations.  The legislative mandate provides the guidance and direction necessary to assist judges in making best interest decisions.  As the father, you have legal standing to file a custody petition.  Unfortunately, the mere filing of a petition does not guarantee that you will receive custody.  Moreover, if the Mother has been the child's custodial parent since birth, absent extenuating circumstances, it is highly unlikely that a judge will divest the mother of custody.   The best interest of the child is of paramount consideration to the court, when deciding matters of custody and visitation.  The Judge will apply the law to the individual facts of each case in order to foster the well-being of the child. Without more details, the facts provided in your summary are insufficient to warrant a change in custody.  As a general rule, in order to modify an existing court order, the party seeking modification must demonstrate a "material change in circumstances" that is in the best interest of the child. What is your "material change in circumstances?"  There is no way to answer your question in this forum, based on the facts presented. Lawyers.com offers general information and not legal advice.  No lawyer can provide proper legal advice without a detailed summary of all the relevant facts in your case, together with a review of all documents and pleadings filed with the court.  If you are serious about a pursuing a change in custody, it is strongly recommended that you meet with an experienced family lawyer in your area to discuss the individual facts in your case in greater details.  ... Read Answer

Virginia Code § 20-124.3. sets forth the statutory schedule governing custody and visitation determinations.  The legislative mandate provides the guidance and direction necessary to assist judges in making best interest decisions.  Although the father may have legal standing to file a custody petition, the mere filing of a petition does not guarantee that he will receive either custody or visitation. The best interest of the child is of paramount consideration to the court, when making a decision. Judges will apply the law to the individual facts of each case in order to render an outcome promotes the well-being of the child. There are facts provided in your summary that are beneficial to your position.  The fact that the charges were dismissed against the fact is a relevant factor that may weigh in favor of the father.  The Judge will make a decision based on the evidence presented in the case. Therefore, it is strongly recommended that you meet with an experienced family lawyer in your area who knows how to successfully litigate this type of case.  There is no way to answer your question in this forum. Lawyers.com offers general information and not legal advice.  No lawyer can provide proper legal advice without a detailed summary of all the relevant facts in your case, together with a review of all documents and pleadings filed with the court.  In order to protect the interest of your grandchild, please confer with a family lawyer to discuss this matter in greater detail.   ... Read Answer