Virginia Recent Legal Answers from Lawyers

I am not sure I understand your question, as something may have been left out.  Are you saying that a putative father, with no custody order in place, has refused to return the children and has registered them in school, in another state?  If so, you need to file an emergency motion in your local J&D Court, ASAP, and try to have this matter resolved as soon as possible. Once the children have been away from you for more than 6 months, it will raise questions about where the action should be filed.  I urge you to confer with an experienced family lawyer in your area to discuss this matter right away.  Lawyers charge by the hour, therefore, you need to discuss fees and expenses before setting up a meeting.  Best of luck~... Read Answer

OK so unfortunately there's no quick way for you to sponsor your girlfriend and your Daughter to be able to lawfully be admitted into the United States. What you're going to have to do is get married, and then sponsor your wife and your daughter for green cards at the US consulate in Mexico. This is a year long plus process, and it's even slower now because of the COVID-19 virus. The other issue in your case is you have a Mexican domicile. In order for you to sponsor your daughter and your Wife to obtain green cards, at some point during the process, you are going to have to convince the US consulate that you have taken significant steps to establish a US domocile. ... Read Answer

Yes, you can.  I don't see any reason why not.  However, if there is an outstanding warrant, you run the risk of being pick up if you don't turn yourself in.  This allows you to control the process and avoid the embarrassment of being arrested in a public place, at a time that you don't expect it.  Further, it is better to turn yourself in and bond out, at your convenience.  ... Read Answer

If the car is in your name, you have a right to go to the house, with the police to get the car.  If you have registration in your name, you can explain the situation to the police and ask if someone will go with you to get the car so you can surrender it to the dealer.  If his name is on the car or the registration, you may not be able to pursue this course of action.  Best of luck~... Read Answer

Sadly, you can't force a parent to be responsible.  I would suggest that you contact him either via text or email and ask why he did not appear for his court-ordered visitation.  Each week, during his scheduled visitation, you should send him a reminder that this is his week and ask if he plans to exercise his visitation?  If he does not respond, after the visitation period is over, you should write a brief note asking happened, noting that the children were looking forward to seeing him.  If he does not respond to your inquiries, it doesn't matter because you are making a record.  If this continues for a period of time, you can return to court and ask the court to modify the order based upon changed circumstances.  The court needs to know that his failure to appear is harmful to the children's emotional state and having them look for him every week is too painful to continue.  Best of luck~... Read Answer

Your question cannot be answered in this forum without more information.  For example, where did the two of you last live together as husband and wife?  Have you ever lived in SC?  If so, did you live there while you were married?  Has your husband ever lived in Virginia? If so, did he live in Virginia during the marriage? Did he file in SC?  If spousal support is in dispute, the court must have personal jurisdiction to award spousal support. As to who will receive support, that will depend on a number of statutory factors, including need and the ability of a spouse to pay.   I suggest that you meet with a lawyer to discuss this matter in greater detail. Lawyers charge by the hour, therefore, you should discuss fees and expenses upfront to avoid any misunderstanding regarding fees.  Best of luck~... Read Answer

I assume that you received a notice of termination from the Department of State’s National Visa Center. This is a procedure by the Department to clean out cases in which people do not move forward with consular processing. If your husband was already adjusted to permanent residence by USCIS, the termination by the Department of State will have no effect upon the validity of his green card. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

If you have a court order, the terms of the order are controlling.  Although you share joint legal custody, what does the order say with regards to custodial access? If he has the child during dates and times that are legally your days, he is in violation of the order and you need to return to court, ASAP to have a judge address this issue.  You need to confer with an experienced family lawyer in your area to discuss your rights.  Time is of the essence, therefore, you must take steps to protect your interest. Best of luck~ ... Read Answer

Unfortunately under current Virginia law, any charge or offense where you are found guilty cannot be expunged from your criminal record.  Only matters that are dismissed, nolle prossed, or otherwise disposed of in a way where guilt is not determined may be expunged.  You may be eligible for clemency through the Secretary of the Commonwealth.   ** This post does not create an attorney client relationship and is not designed to constitute legal advice.... Read Answer

It sounds as though you know the answer.  Each of you inherits less the mortgage.  She pays you half of $94000 less $55000 and continues to make mortgage payments -- if the lender will accept her credit.  If not, she has six months after appointment as executor or administrator to sell the house before the lender has the right to foreclose.... Read Answer

Generally, there is no requirement that an agreement is notarized to be legally binding.   Unless there is a statute specifically requiring that an agreement be notarized, the agreement between the two of you would appear to be valid and enforceable.  You are seeking legal advice.  Lawyers.com offers general information and not legal advice. You need to consult with an experienced family lawyer in your area to discuss all of the facts that are relevant and explore your options, which may include enforcement of the agreement.    Most lawyers charge by the hour for consultation.  Therefore, when contacting a lawyer to discuss your rights, you need to discuss fees and costs to avoid any confusion or misunderstanding.  Best of luck~ ... Read Answer

In the absence of a court order, there are no rules in place governing the terms and conditions of your custodial arrangement.  Further, if the court has not addressed these issues, you don't have any legal basis to seek enforcement.  Lawyers.com offers general information and not legal advice.  Therefore, in order to protect your rights and the interest of your children, I suggest that you consult with a lawyer in your areas to discuss this matter in greater detail and obtain advice on what is necessary to discuss options, including return of the children.  Lawyers charge by the hour for consultations, therefore, you should be in a position to discuss fees in advance of setting up a meeting, to avoid any misunderstandings.  Best of luck ~... Read Answer

Lawyers.com offers general information and not legal advice.  You need legal advice and need to consult with an experienced family lawyer in your area to discuss your case in greater detail. Most lawyers charge by the hour for an initial consultation, therefore, you need to discuss fees and rates before scheduling a meeting.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice. You are seeking legal advice, which cannot be provided without additional information.  First, are there any court orders in place?  If so, do the terms spell out the rights and obligations of each parent, as to visitation with the child?  When you say, "can she keep the son from him until they go to court..." you do not say why she is going to court.  Is she going to court to modify an existing court order? If so, is this an emergency proceeding? If neither of the referenced situations apply, is the mother going to court to ask the court to enter an initial court order, defining the rights of the parents? Your question needs to be specific, because the answer will change, depending on the facts in the case.  Therefore, it is recommended that you confer with an experienced family lawyer to discuss this matter in greater detail.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  You are asking for legal advice, which cannot be properly provided in this forum without more information.  Generally, when a child is born, if the couple is not married a party can ask for paternity testing.  If the individual seeking DNA testing is determined to be the father, a request can be made for child support.  Child Support in Virginia is based upon the gross monthly income of both parties.  If you are a student, with no income, the least amount you will be required to pay is approximately $65.00 per month.  Once you become gainfully employed, the amount can be adjusted, consistent with your true earnings.  As for signing your over your rights, unless the child is adopted, you cannot "sign over your parental rights."  The laws are designed to make sure that parents support their minor children, so they do not become wards of the state.  If parents were allowed to give up their rights, to avoid having to pay support, most young people would jump on board and abandon their minor children. Unfortunately, the situation that you have described is precisely the reason parents preach to their children to avoid sexual activity until they are ready to accept responsibility for the consequences of their actions.    If you do not want anything to do with the mother or the child, you may consider waiting until the mother files a petition with the court, before taking any action.   If the mother doesn't file anything and no court order is entered, you are not legally obligated to pay support.  However, once you are served with notice of a hearing, show up in court, and have an order entered against you, you will be obligated to support your minor child, until the child is emancipated.  Best of luck~... Read Answer

I am not sure what you are asking.  If a Complaint for divorce was filed and a request was made for child and spousal support, the party requesting support may ask that it is retroactive to the date of filing/service. It matters not that a hearing has not been set.  Once the case is heard that is when the court will decide the issue of retroactive support. Best of luck~  ... Read Answer