Virginia Recent Legal Answers from Lawyers

If you have lived in Virginia for a period in excess of 6 months, you are eligible to file in Virginia. If you are returning to Florida, and wish to file in that jurisdiction, I suggest that you speak with a Florida attorney to discuss rules governing residents and domiciliaries of that state. If he remains in Va it may be quicker to file in Va, since you have both been domiciled in Va for a period in excess of a month. Thanks, Deborah ... Read More

The question is not whether it is illegal, but whether it is unethical. I am a Florida lawyer, not a Virginia lawyer, but in Florida, so long as the client has paid the legal fees, the lawyer has no right to withhold the client's file, including agreements. You do have a couple of alternatives, first, you can contact the VA state bar association and file a complaint or you can go to the courthouse and obtain a copy of whatever it is you need. Good luck!... Read More

Unfortunately, the courts are closed during this pandemic and will only hear emergency matters.  The issue of what constitutes an emergency is a factual question, which can only be decided once the case is filed.  As for giving your parents rights, this is not going to be easy because when a non-parent seeks custody it is regarded as a third-party action.  These cases impose a higher legal burden on the non-parent to demonstrate why it is in the child's best interest to divest a parent of fundamental rights to provide for the care and custody of a child. Lawyers.com provides general information and not legal advice.  Consequently, your question cannot be answered in this forum.  I suggest that you contact an experienced family lawyer in your area to discuss all options, based upon the facts in your case. Please note that most lawyers charge by the hour for an initial consultation.  Therefore, you should discuss this matter upfront to avoid any misunderstandings about fees.  Best of luck~... Read More

Your question cannot be answered in this forum because you have not provided all of the information that may be required to address your issue.  For example, what are the circumstances surrounding the removal of the name from the deed?  Is this part of a court order, an agreement, refinancing, sale, etc.,  In the absence of this information, there is no way to know if this is going to be a simple matter or a complex process that will require judicial intervention to carry out the objective.  Most lawyers charge by the hour and will base services on the amount of time it will take to carry out a particular request.  Best of luck~... Read More

If your father held US citizenship or lawful permanent resident status and was petitioning for you before passing away, the petition might still be able to live on if approved and the executor of his estate filed a request to have the case continued for humanitarian reasons. Since this is a website dedicated to answering immigration questions, we would not be able to answer any other questions pertaining to other types of benefits that you might be able to receive upon your father's passing. 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 More

Your question cannot be answered in this forum because more information is needed.  Lawyers.com offers general information and not legal advice.   As a general rule, when courts are called upon to deal with matters of custody and visitation, they are concerned about the overall best interest of the child.  There is a presumption that the best interest of a child is served by healthy contact with both parents.  If you file a petition, seeking to modify or impose restrictions on the current visitation, the burden is on you to show why your requested action is in the best interest of the child.  The Court will refer to the best interest statute and make a decision based upon the facts in your case, as applied to exist law.  As a practical matter, what if any steps have you take to address this issue with the father?  Have you raised your concerns with him?  If so, what has been his response?  What information do you have showing that the new girlfriend is around your daughter? Is she high around the child? Does she have a drug problem?  I suggest that you follow up with the father, before taking legal action.  If you are unable to resolve this matter with him, I recommend consulting with an experienced family lawyer in your area to schedule an office consultation.  Most lawyers charge by the hour for office meetings, therefore, you should work all payment details prior to setting up a meeting to avoid any misunderstandings.  Best of luck~... Read More

Jermario, I am not sure I understand your question.  What are you asking?  Are you asking for ways to prevent the new husband from being around the child?  Are you asking for guidance on how to proceed, if a court order has been violated?  Are you seeking direction on how you can modify the current order, under the circumstances?  Or, are you asking something totally different that I have not raised?  Lawyers.com offers general information and not legal advice. Legal advice is based on the individualized facts in your case as applied to the existing law.  I suggest that you confer with an experienced family lawyer in your area to discuss your case in greater detail.  You need to be in a position to respond to questions, which could impact the outcome of your case. Most lawyers charge by the hour, so you need to discuss the cost of a consultation before setting up an appointment to avoid any confusion.  Best of luck~... Read More

Unfortunately, your question cannot be answered in this forum because you have not provided enough information.  For example, where are your parents?  Do the family you live with have a court order?  If so, what are the circumstances under which they obtained this court order?  How long have you lived with them? When you say they don't treat you right, what does this mean?  Are they physically abusive? What specifically are they doing to you?  You say you want to live with your other grandmother.  Is this something you have discussed with her?  If so, is she receptive to you living with her?  Where does she live in relation to where you currently reside?  Will it require you having to change schools?  Does she have adequate space in her home to accommodate you? If so, can she afford to support you?  Is she willing to file a custody petition, seeking to have a judge make a decision?   Again, you have raised a question that cannot be answered in this forum, as it will require considerably more information.  I suggest that you think this through and see if your grandmother is willing to file a custody petition.  If so, she needs to confer with an experienced family lawyer to discuss this matter in greater detail.  Best of luck~... Read More

  Ms. Burke, Unfortunately, courts throughout most of Virginia are operating on a limited schedule,  due to the Corvid19 pandemic, dealing only with emergency matters.  Once the Courts reopen, you may wish to contact your local court to discuss the intake procedures necessary to file a custody petition. Filing a petition has nothing to do with the merits of the case.  Once a petition has been filed, it will be your responsibility to present factual evidence to the court, during your hearing, which is consistent with existing laws to support your position.  If you are not a birth parent, you may be regarded as a person with a legitimate interest, which gives you standing to file.  This fact notwithstanding, your case will be resolved in accordance with laws dealing with third party litigants.  This type of case carries with it special rules that differ from the typical parental dispute. In order to protect the interest of the child, I suggest that you contact an experienced family lawyer in your area to set up a consultation.   This will provide an opportunity for you to discuss the matter in greater detail.  Most lawyers charge for consultations, therefore, you need to discuss the cost of a consultation before arranging a meeting.  Best of luck~... Read More

Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided to you without a complete review of your file, all previously entered court orders, and any existing pleadings, regarding matters that are pending before the court. In order to protect your interest, 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 need to discuss the cost of an office consultation in advance of the meeting to avoid misunderstandings.  Best of luck~... Read More

Your ex-wife has a right to call any witness she desires if the witness is competent to testify.  A competent witness is an individual with first-hand knowledge of the facts in the case and possess the ability to testify truthfully.  However, the issue is whether the witness is able to offer information that is relevant to the issues before the court. For example, if this is a custody case and the witness offers information that has nothing to do with a custody case, you may wish to object to the testimony of that witness.  Once the question is asked, you could object on the grounds of relevancy.  The court has to rule on the objection before the witness is allowed to respond. If you do not plan to engage counsel, perhaps, you should consult with an experienced family lawyer in your area to help you prepare for trial.   Most lawyers charge by the hour.  Therefore, you should discuss the cost of a consultation before scheduling an appointment, to avoid any misunderstandings regarding fees.  Best of luck~  ... Read More

While U.S.C.I.S. may or may not be willing to expedite the I-130 petition, it cannot do anything to speed up the visa availability dates. As you applied for your married daughter, your case falls under the F-3 category for married sons and daughters of US citizens. The waiting time is currently approximately 12 years. I sympathize with her situation, but the US government does not give immigration benefits to those claiming domestic violence and abuse when they are outside the United States.  Approval of the I-130 petition does not bring about interim privileges.  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 More

I'm not sure what your question is, but you should know that in any suit against the landlord's estate, you may have a problem with thedeadman'statute which, assuming it is still in force in Virginia ,prohibits any interested party from testifying as to oral communications he/she had with the decedent against whom he/she is claiming.  Your witness could testify to the oral agreement, assuming the witness is not interested (i.e. does not benefit financially from the agreement) but you would not be allowed to.... Read More

Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  Legal advice is based upon the law in your state, as applied to the facts in this case.  What is not clear from your question is whether you were married at the time of his death.  How long has he been dead?  Is this a military or civilian retirement interest?   What if any knowledge do you have of his retirement, including whether you were designated a survivor of his retirement interest.  If you were not designated as a survivor of his plan, it is highly unlikely that you are entitled to any benefits.  The purpose of a survivor beneficiary plan is to protect the interest of the other spouse, in the event that the member dies before the plan pays out.  However, I cannot answer your questions without more information and suggest that you contact an experienced family lawyer in your area to see what options are available. Best of luck~... Read More

If the mother is in jail, the court has the authority to order the appointment of a Guardian ad Litem (GAL) to act on her behalf.  If the court has not appointed a (GAL) the court may appoint a GAL upon request of either party.  The GAL will appear in court for hearings and represent the best interest of the mother. As long as the mother has received proper notice of all hearings and proceedings, and it appears that her rights are being protected, the custody hearing will probably go forth.  However, I cannot say will be the case without knowing what if any prior hearings have taken place, and whether she was made aware of those proceedings.  The key to any hearing going forth is whether all parties to the proceeding have proper notice and the opportunity to be heard.   Best of luck~  ... Read More

I suggest that you contact the Plan Administrator, which should be included in your order, and let them know you wish to file a change of address.  You should be able to do this with a letter.  However, all retirement plans vary and you must comply with the rules of that particular plan.  If they require a revised QDRO to disburse proceeds, it may become necessary for you to follow up with a new Order.  While I hope that is not the case, you must adhere to the requirements of the plan. Plans are bound by strict rules to ensure favorable tax treatment and will insist on strict compliance.  Best of luck~ ... Read More

You state that you and the father share joint legal custody but you make no mention of the biological mother's rights.  The order, which awards custody to you and your spouse, should set forth the status of her parental rights.  It is not possible to answer your question without reviewing the court order.   It is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater detail, which includes a complete review of all court-related documents or agreements in the case.  Best of luck~... Read More

If  Virginia law is hte same as where I practice, yes (keep the car until the repair bills are paid, not lose your car).  BTW, you are not a co-opwner just because you are a co-borrower, but I will assume that you are also on the title.  In any event, a co-owner of hte car brought it in for repair.  If he was not expressly authorized by you, the other co-owner, to do so, it appears (based on the limited facts you've set forth) that he was impliedly aughorized as a matter of law.  Incidentally, those repairs increased the value of the car, thus benefitting you as well as your bf.  In most states (again, not sure if Va is exactly the same), a mechanic who repairs a vehicle has a mechanic's lien entitling him to retain the vehicle until the repairs are paid for.... Read More

Theoretically the actions that you propose to do can be done if you are a US citizen – however, I caution you that the new public charge regulation is in effect, and you would ultimately have to file an I-864 affidavit of support for everyone that you sponsor. You would have to show that you have sufficient income, assets, or resources to support yourself, anyone in your household, and the person that you are sponsoring at 125% of the federal poverty guideline. A joint sponsor would have to do the same, and would have to convince U.S.C.I.S. that he or she was actually willing to give financial support. 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 More

You injured your leg 2 and 1/2 years ago. You now need a total knee replacement. Normally, a claim for any disability must be filed and the disability must have occurred within 2 years of the date of the accident. You may need to contact me at the office to review this further.  Call me at 804-358–4766 for a free consultation.   Jerry Lutkenhaus... Read More

Not sure what your question is, but you have a claim for your money damages (the greater of $50 or the amount the value of the item exceeded $50) or specific performance (to compel them to give you the item).  Unless Virginia law is very different from the other states, you have no claim for attorneys' fees absent a contractual provision providing for them (I assume  your contract had no such provision) or a statute authorizing them (I'm aware of none in this situation).  Even if you had such a right, you would only hae the right to collect reasonable attorneys' fees; you would not be able to hire "a great lawyer" and recover $250,000 in legal fees incurred on a $50 case.... Read More