Virginia Child Custody Legal Questions

I hope that your custody agreement says something more than just "parenting time every other week". A good custody agreement will spell out the dates and times that he's supposed to pick them up and where, and will say who's supposed to pick up, who's supposed to do the drop off and things like that. If yours just says "parenting time every other week" and nothing else then he is probably not breaching the agreement since it is too vague. You need to talk with an attorney as soon as possible to work on getting more definite language in your custody agreement so that questions like this won't come up again in the future.... Read More

Custody cases are always challenging because of the highly charged and emotional nature of the facts.  If the child has been with her grandparents for 14 years and is doing well, the court wants to know what is the "change in circumstances," that warrants modification of the order? Also, what facts led to the grandparents obtaining custody?  What is the wording of the existing court order?  The law presumes that the best interest of a child is served by living with biological parents.  However, that presumption is rebutted, when a parent is divested of custody in favor of a third party (i.e. grandparents).  If you relinquished custody and a court finds that your parental presumption has been rebutted, it may be easier for the grandparents to prevail in a custody contest. If you have lost your parental presumption, you will show the court that a material change in circumstances has occurred since entry of the last order and that modification of that order is in the best interest of the child.  You stated that you were previously on drugs but have been cleaned for 6 years.  These facts may give rise to a change in circumstances but what other facts do you rely on in support of your changed circumstances? How frequently do you see the child?  Do you have visitation rights? If so, have you been exercising those rights during the past 14 years? How would you describe your relationship with the child and her siblings? Unfortunately, there is no cut and dry answer and I can not offer proper guidance without reviewing the original court order to see what was agreed to by all parties or ordered by the court. Further, what are the facts at this time that lead a court to make a change after all of these years? I suggest that you confer with an experienced family lawyer in your area to discuss the matter in greater detail.  Lawyers charge by the hour, so you need to work out payment details for the initial consultation in advance of scheduling a call to avoid any confusion.  Best of luck ~... Read More

Mr. Breeden, In response to your question, do not accept the statements of the other party as fact.  Contact the guardian ad litem directly and ask what his recommendation is.  The  criminal record of your fiance may be a concern, depending on what the nature of the crime was. Litigation generally creates tension between the parties.  In any motion to amend, you must first demonstrate that there has been a material change in circumstances since the entry of the current order.  Then, you must demonstrate that what you are asking for is in the best interest of the children. The duties of the GAL are established in the Standards to Govern the Performance of Guardians ad litem for Children* which is available on vacourts.gov.   If the guardian ad litem has previously represented the other parent, they would be  conflicted from representing the children.   * http://vacourts.gov/courtadmin/aoc/cip/programs/gal/children/gal_performance_standards_children.pdf)... Read More

Legal custody and visitation are different. legal issues  The court is only concerned about the best interest of the child.  Are you asking the court to change visitation and legal custody? Or, are you asking the court to change legal custody, without making any changes to visitation? Your question cannot be answered in this forum because additional information is necessary.  I suggest that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Please note that lawyers charge by the hour.  Therefore, you need to discuss fees before setting up a meeting to avoid any misunderstandings. Best of luck~... Read More

If there is a court order in place, you cannot take any action(s) that would violate the court order.  In the absence of information regarding the legal status of each parent's rights, your question cannot be answered in this forum. I suggest that you arrange to meet with an experienced family lawyer in your area to discuss this matter in greater detail.  Finally, please note that most lawyers charge by the hour for consultations.  Therefore, you need to discuss fees prior to setting up an appointment to avoid any misunderstandings.  Bet of luck~... Read More

First, whether you stay in your mother's home, or move in with your boyfriend and his parents, I would encourage you to finish your high school education. You are legally an adult, whether you are still in high school or not.  It is not necessary for you to be emancipated.  You are legally responsible for your actions and any consequences of your actions.  The Code of Virginia, section 1-204, defines the age of majority as 18.  ... Read More

If you have joint legal custody you share joint decision-making authority, which is different from physical custody.  Unless there is something in your agreement or court order, which restricts the father from taking the child out of town during his custodial access (physical custody) with the child, you cannot dictate what he does on his weekends unless his conduct is contrary to the child's best interest.  I strongly suggest that you consult with an experienced family lawyer in your area to discuss this matter in greater detail.   Lawyers.com offers general information and not legal advice, which is based upon the specific details of your case, which includes a review of your court order(s).  Most lawyers charge by the hour for consults, therefore, you need to discuss fees before attempting to schedule a consult to avoid any misunderstandings.  All the best,~ ... Read More

It's not clear to me from your question whether you and the mother have now separated or whether you are still living together, but assuming you are in a separate residence then you can simply contact your local Juvenile & Domestic Relations District Court to schedule a time to file a petition for custody.  The intake workers there will help you do it. Or you can hire a lawyer to file your petition for you and represent you in court.... Read More

Your question cannot be answered in this forum because additional information is needed.  Is this a case involving Child Protective Services?  Are there Court Orders in place that require you to secure housing, obtain employment, etc?  Is there a caseworker in the case  If so, what is your relationship with the worker? I strongly suggest that you meet 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 the initial consult upfront to avoid any misunderstandings.  Best wishes~... Read More

The short answer is yes.  However, it will ultimately be up to the judge(s) to decide if the case will be tried in Va or Fl.  You should confer with an experienced family lawyer to discuss this matter in greater detail. Lawyers charge by the hour, therefore, you need to discuss fees upfront to avoid any misunderstandings.  Best of luck~  ... Read More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 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