Virginia Recent Legal Answers from Lawyers

Your question cannot be answered in this forum.  I am not sure what is meant by, "can you reject a Circuit Court appeal... if it has not been signed by a judge?  Please provide more details.  Are you saying there was an appeal to the Circuit Court? Or, are you saying there was an appeal from the Circuit Court? It is not clear from the facts in your case and you need to be more detailed. ... Read Answer

The court will not entertain a custody petition until the child is born.  You must wait until your child is born to file a custody petition.  Many courts remain closed, due to the pandemic and are only hearing emergency cases.  Therefore you need to check with your local court before filing to see if civil cases are being heard.  Best of luck~... Read Answer

You are a minor child.  You do not have a legal right to decide where to live.  If a suitable adult files a custody petition, the judge may consider your views, if you are shown to be a child of reasonable intelligence and mature enough to make a decision.  However, your views are not dispositive of the issue of custody and are but one of many factors a court will consider when making a custody decision.  I suggest that you speak with your mother and father and share your thoughts.  If you are able to reach an agreement with your parents, and there is a suitable adult who is willing to assume your custody, it may be possible to change your current living arrangements.  If your parents are unwilling to relinquish custody, it will be necessary to have a trial.  Best of luck~... Read Answer

As a general rule, the matter of legal custody is decided by an order of the court.  If neither party has filed a petition seeking a custody determination, neither parent has legal custody.  However, legal custody is to be distinguished from physical custody, which generally connotes the child's primary residence.  Based on the facts as presented in this forum, it appears that the mother has physical custody of the child, who appears to live with her. If the court has not intervened in his matter the parents do not share joint legal custody.  Lawyers.com offers general information and not legal advice.  Legal advice is based on the specific facts in your case, as applied to the applicable law.  If you require additional information concerning paternity, the impact paternity has on custody, etc., you need to confer with an experienced family lawyer in your area.  Detailed questions cannot be answered in this forum, because more information is needed.  Finally, most lawyers charge by the hour for consultations.  Therefore, you need to discuss the cost of a consultation before scheduling an appointment to avoid any confusion about fees.  Best of luck~... Read Answer

If your parents have legal capacity to contract, they can appoint you their agent under a Durable [Financial] Power of Attorney. If they have legal capacity to make medical decisions, they can appoint you their agent under a Medical Power of Attorney. Only a person who lacks legal capacity to provide for their own food, shelter and medical care or to manage their own finances can be placed under a guardianship/conservatorship.  The procedures vary from state to state.  Please talk with a local estate planning and guardianship attorney.  ... Read Answer

As a general rule, DNA is used by the courts to establish paternity.  Once paternity has been established, it may give rise to certain legal rights, including custody and visitation.  However, the mere establishment of paternity alone is not sufficient to grant automatic visitation.  A court will examine the facts of the case and make a decision, which it views as being in the child's best interest. Lawyers.com offers general information and not legal advice.  Legal advice is based upon the law as applied to the facts of your particular case.  Since it is not possible to know all of the details in your case, without obtaining further information, it is not possible to answer your question in this forum. The court is concerned with the best interest of the child and cannot make a best interest determination without a review of the statutory factors set forth in Virginia Code Section 20-123. It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Lawyers charge by the hour.  Therefore you should discuss fees before setting up an initial appointment to avoid any misunderstandings regarding the cost of the initial consultation.  Best of luck~... Read Answer

Our standard advice to individuals in removal proceedings is to obtain good legal representation by an immigration lawyer. In looking at your facts, your offenses appear to be fairly minor and barring further incidents, the focus of the immigration court will likely be upon the bona fide character of your marriage to a US citizen. You and your spouse should work together to collect and save all evidence that would prove a bona fide marriage such as proof of any children born to you both, tax returns, lease or deed with rent receipts or mortgage statements, utility bills, credit card bills, life, health, auto insurance, etc. 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

You can add whatever you want, but that doesn't mean (a) the at the subs will agree to it; or (b) that the courts will enforce it.  If you tailor the clause narrowly  to protect your legitimate interests, there is a good chance that it will be enforced, but the broader  you make the clause, the less likely it is to be enforced by the courts.  A local attorney would have a better idea of how far the courts are willing to go.... Read Answer

Technically, a child born during a marriage is presumed to the child of the husband.  However, if your husband does not claim any rights to the child, your son would not normally become a subject of the divorce case.  If your husband claims legal rights to the child, such custody/visitation, you have to request a paternity test and challenge his right to seek such relief.  Lawyers.com offers general information and not legal advice.  It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail, based upon all facts in your case.  Lawyers charge by the hour for their time, therefore, you need to discuss fees prior to setting up an appointment to avoid any misunderstandings about the cost of a consultation.  Best of luck~... Read Answer

Your questions cannot be answered in this forum without additional information.  Judges in Virginia are concerned about the child's best interest.  Therefore you will need to present evidence in support of your case, which demonstrates why it is in the child's best interest to be in your care and custody.  I suggest that you confer with an experienced family lawyer in your area to discuss the facts of your case in greater detail.  Lawyers charge by the hour, therefore, you need to discuss the matter of fees and costs prior to setting an appointment.  Best of luck~... Read Answer

I suggest that you call the child support agency and seek information regarding the status of your case.  Support cases are challenging, therefore, if you are not comfortable calling the agency, I suggest that you consult with a family lawyer to discuss your options.  Most lawyers charge by the hour.  Therefore, you need to discuss fees and costs before the appointment to avoid any misunderstandings.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice. You are asking for specific information, which cannot be provided unless you provide additional information.  You need to consult with a family lawyer in your area to discuss this matter in greater detail. Most lawyers charge by the hours, therefore, you need to discuss fees and cost for an initial consultation before setting up a meeting.  Best of luck~... Read Answer

Lawyers.com offers general information and not legal advice.  You are asking for legal advice, which cannot be provided without additional information.    There are rules governing the disposition of property and you must have a clear understanding of those rules to know and protect your rights.  You need to meet with an experienced family lawyer in your area to discuss all relevant facts in your case regarding the division of marital property in the Commonwealth of Virginia. Please note that most lawyers charge by the hour, therefore, you need to discuss payment arrangements before setting up a meeting to avoid any misunderstandings.  Best of luck~... Read Answer

Hello, I am not sure if I understand what you mean by "papers will be signed on the 23rd of June."  When you say papers are you talking about an agreement or a court order? If an agreement is signed, this raises several other questions, such as has the Complaint been filed with the Court.  If so, how do you plan to present evidence to the court?  Will it be via deposition, ore tenus, or affidavits?  Are there any outstanding issues? Or, have you resolved all issues? Unfortunately, your question cannot be answered without additional information.  It may be in your best interest to meet with a family lawyer in your area to discuss the matter in greater detail.  Lawyers charge by the hour, therefore, you need to work out the details of the payment before you set up the appointment.  Best of luck~... Read Answer

Thank you for your inquiry.  As a general rule, if parties reach "an agreement" regarding spousal support, the agreement is controlling and the court lacks the authority to take any actions contrary to the terms of the agreement.  If there are provisions in your document, which authorizes you to seek court action for an increase, after the expiration of the 10 year period, you may be able to modify the support.  However, in the absence of any saving language that reserves the court's authority to act there does not appear to be a basis for a modification.  Finally, Unfortunately, your questions cannot be answered in this forum because it will require a careful review of your agreement and the court order.    It is worth it to you to consult with an experienced family lawyer in your area to review the document, which holds all the answers.  Most lawyers charge by the hour for a consult, therefore, you should discuss this in advance to avoid any confusion about payment.  Best of luck~... Read Answer

If the charge was disposed of by a not guilty finding or a motion nolle prosequi, it is eligible for an expungement. Expungement is a civil filing that you must proactively act to file. It does not happen automatically or by right.  If you were found guilty of anything, those matters are not eligible for expungement. ... Read Answer

You have three separate courses of action. You can meet with police about filing a criminal action or you can file a small claims suit, or both.  I would not anticipate that if you file a criminal action that he would finish the job. In fact, he would probably either be held in jail or be ordered to have no contact with you. So my opinion is that a criminal action isn't the way to compel him to finish. Also, you should be aware that you may not be permitted to withdraw the criminal charge once you take it out. That decision will be up to the Commonwealth's attorney's office.  I hope that helps.... Read Answer

I'm sorry to hear of your loss.  Please call the court, where your case was filed, and provide the court clerk with the case number.  Explain to the court that you recently discovered that your spouse had passed away and you are trying to ascertain your marital status.  Ask if a Final Order of Divorce was entered by the court and if so, when?   The court should be able to provide you with any information you need to move forward.  Best of luck~  ... Read Answer

You heard wrong.  While if it had been another kind of check, it would be "income in respect of decedent" and payable to her estate, only a living person is entitled to a covid-19 stimulus check.  Your mother was not living on February 15, 2020 and is not living now.  Trying to cash the check in any way would be incurring criminal liability for fraud.  While we are all short of cash just now, this is not the way to get it.  Return the check with a letter explaining the circumstances and a copy of your mother's death certificate.... Read Answer