Virginia Child Custody Legal Questions

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

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

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

I am sorry to learn of your lawyer's health issues.  The lawyer or someone from his or her office, should request a continuance.  Most lawyers have backup plans, to account for this type of issue.  I suggest that you call the lawyer's office, and ask who is the designee to handle matters in his or her absence. In any event, you should show up in court on the day of trial and explain what is happening, if you are unable to speak with your lawyer or someone in his or her office.  Best of luck~ ... Read More

Your question cannot be answered in this forum, without a full and complete review of all facts, including any and all agreements, court orders, etc.  In order to protect your rights, I suggest that you arrange a private consultation with an experienced family lawyer, in your area to discuss this matter in greater detail. If there is a court order and it is determined that the man who shares custody with you is not the father, this may create a legal justification for changing custody.  However, custody cases are fact-specific and will be based on the individual facts in your case. Most lawyers charge by the hour; therefore, you need to discuss the cost of an initial consult upfront to avoid any misunderstandings about fees.  Best of luck~... Read More

I am not sure what you mean by custody paperwork in Virginia. Are you saying that the two of you have a formal court order, which was entered by a Virginia Judge?  Or, are you saying you have an agreement that was signed in Virginia but is not part of a court order?  Your question cannot be answered in this forum because your intent is not clear.  The answer will vary depending on your response.  Lawyers.com offers general information and not legal advice.  I suggest that you confer with an experienced Virginia family lawyer in your area to discuss this matter in greater detail.  Please note that most lawyers charge an initial consultation fee.  Therefore, I suggest that you discuss the consultation fee upfront to avoid any misunderstandings.  Best of luck~... Read More

If you and your spouse live in the same house, it may be difficult to obtain custody.  Custody decisions are made using what is referred to as a best interest standard, which is found in Va Code 20-123.3.  If may be difficult to apply this standard, consistent with the child's best interest, if the two of you are living in the same house and no formal separation has occurred.  Lawyers.com offers general information and not legal advice. I suggest that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Most lawyers charge an initial consultation fee.  Therefore, you should discuss this upfront to avoid any confusion about fees.  Best of luck~... Read More

When a parent tries to turn a child against the other parent, this is known as parental alienation.  These cases are very difficult to prove because the offending parent is usually very careful to conceal his or her actions.  If you cannot prove that the child(ren) is acting consistent with the father's directive,  you do not have the evidence that is necessary to tell your story.  Further, if the child is very young, it may be difficult, if not impossible, to know what is happening in the other parent's home.  These types of cases are time-consuming and will require a great deal of effort to prove the actions of the other parent.  Legal Services of Northern Virginia may be willing to assist you but there are limits on the number of contested cases they are able to accept, per year, given their budgetary constraints. Frequently, large law firms have pro bono departments, which set aside a certain number of hours each year to help out in matters of this sort.  However, you have to start looking for firms with pro bono departments, to see if you can find the right law firm.  It may be a good idea to start calling around to see if you can find larger firms that are willing to perform pro bono services.  If you don't provide this type of service, you may find someone within the firm who is able to make a referral.  You need to set aside some time to start calling lawyers to see if you can find someone to help you, ASAP.  It may take several weeks to find someone but it is worth the effort.  Unfortunately, small law firms are not equipped to take on cases that will take a lot of time. All firms bill by the hour and if a small firm is engaged in work that does not generate income,  this will make it difficult, if not impossible for a smaller firm to meet its financial obligations., i.e., rent, utilities, staff, etc.  Sometimes, smaller firms will reduce their hourly rate or place you on a payment plan.  However, if the case is too messy and will linger for a long period of time, this may not be possible.  If you are unable to secure representation, maybe, it will be a good ieal to get a therapist involved or ask the court to appoint a Guardian ad Litem to represent the children.   Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice. In order to properly advise you, you need to share all relevant facts in your case, including all court orders and pleadings, with an attorney to see if you can find someone who is willing to assist you.  Best of luck~... Read More

Unfortunately, your question cannot be answered in this forum because it is not clear from the facts in your question what is meant by, "signed over his rights physical and legal."   Are you suggesting that you have sole custody? Or, are you implying that the father's residual parental rights have been terminated?  If you have a court order granting you sole custody, this type of custodial arrangement is subject to review and modification,  based on a material change in circumstances that is in the child's best interest.  Moreover, if the father is paying support, this tends to support the conclusion that you have sole custody, instead of the father's rights having been terminated, which is not subject to review.  Lawyers.com offers general information and not legal advice.  Legal advice is based upon a careful review of the facts in your case, as applied to the law in your jurisdiction.  To obtain legal advice, you must provide a complete review of your file, including all court order(s), and provide a detailed overall of facts, surrounding the father's request for modification.  It is recommended that you consult with an experienced family lawyer in your area to discuss your case in greater detail, so you can make an informed decision regarding your rights and the best interest of your child.  Best of luck~... Read More

Please be informed that Lawyers.com offers general information and not legal advice.  Legal advice is based upon a complete review of the relevant facts in a particular case, including but not limited to the pleadings, and agreements reached by the parties, and the final disposition of the applicable court.  Your questions is very fact-specific and will require legal advice for a number of reasons.  Based on the information you have provided, it appears that a court order is already in place.  Was the court order entered by agreement of the parties? Or, was it the result of action taken by Child Protective Services or some other state agency?  If the latter, what were the circumstances leading to entry of the current court order?  Were the parents involved in the legal proceedings, if so were there any agreements?  Were the parents represented by counsel?  If the father was incarcerated at the time of the prior proceedings, did the court appoint a Guardian ad litem to represent his interest?   Who " want (sic) to take parental rights, as referenced in your inquiry?" If there is a termination of parental rights proceeding, was it initiated by the state or the grandparents?  If the grandparents are seeking to terminate the father's parental rights why are they seeking termination?  Is the goal one of adoption? If so, are they prepared to engage counsel to pursue a contested adoption? For that reason, it is not possible to answer your question in this forum and it is suggested that you confer with an experienced family lawyer in your area to discuss this matter in greater detail.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Legal advice is based on the facts in a particular case as applied to the law in the jurisdiction where the parties reside.  If they live in Georgia, issues relating to paternity, custody, and visitation will, no doubt,  be governed by the laws. Therefore, your question cannot be answered in this forum, using Virginia law.  It is recommended that your daughter and her family confer with an attorney in GA to discuss their situation in greater detail.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Legal advice is when a client seeks specific answers to fact-specific questions. In Virginia, decisions relating to custody and visitation are governed by Virginia Code Section 20-124.3, which lays out the factors a judge must consider when making a decision governing these matters.  If parties are in agreement regarding issues of custody and visitation, as an option, they can go to the Juvenile and Domestic Relations General District Court in their area and tell the intake clerk there is an agreement follow the process provided by the court.  If there is an agreement, you should be able to move forward with little or no difficulty. Perhaps, you and your husband should discuss the issue first to see if there is an agreement.  If so, go to your local J&D Court to see what is the easiest way to move forward.  If you need to meet with a lawyer, I suggest that you confer with an experienced family lawyer in your area in order to protect your interest and move forward.  Most lawyers charge by the hour for an initial consultation.  Therefore, you should discuss the lawyer's hourly rate in advance so there are no misunderstandings regarding fees.   Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  You are requesting legal advice, which cannot be provided in this forum.  When it comes to custody cases, courts make a decision based upon the best interest of the child, as set forth in Virginia Code Section 20-124.3.  Although you may desire sole custody, it is up to the court to decide if sole custody is in the child's best interest. Finally, it is recommended that you confer with an experienced family lawyer in your area to discuss this matter in greater details. Most lawyers charge by the hour, so it is important that you discuss the consultation fee in advance of scheduling a meeting to avoid any confusion.  Best of luck~... Read More

As a preliminary matter, it is important to note that there are legal distinctions difference between custody, guardianship, and adoption. Each of the aforementioned terms has different legal standards that must be followed before a court makes a decision.  When your husband uses the term guardianship, what is his intent? Is it his goal to give "legal custody" to a step-parent?  If so, does the stepparent have a relationship with the child? If he has not remarried, is this statement made in the abstract and there is no new wife? When it comes to matters of custody, the court's primary concern in the best interest of the child, as defined in Virginia Code Section 20-124.3 What is best for a child will be governed by the facts in a particular case as applied to the applicable law. In the same question, you appear to be asking about an adoption? It is not clear to me what you are asking.   If you are the biological parent of the child(ren) in question, and your rights have not been terminated by a court of competent jurisdiction, you have a right in the care and custody of your children.  If you are fearful that your husband will try to permanently divest you of the care and custody of your child, perhaps, you need to consult with an experienced family lawyer in your area to discuss the legal implication of any decision you are considering, as it relates to your legal rights.  Unfortunately, your question as presented cannot be answered in this forum.  Lawyers.com offers general information and not legal advice. In order to obtain legal advice, you need to meet with an experienced family lawyer in your area to discuss this matter in greater details.  Most lawyers charge for an initial consultation, which is often based on a lawyers hourly rate.  I suggest that you discuss these practical matters before making an appointment to avoid any misunderstandings or confusion. Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Legal advice is based on the law in your state, as applied to the specific facts in your case.  While I am in a position to offer some general information, it is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  As a general rule, when dealing with issues involving the primary residence and one's legal ability to make decisions regarding a minor child, we generally address these matters in the context of custody determinations vs a guardianship.   There are different types of custody decisions.  For example, joint legal custody is where the biological parent retains the ability to nake joint decisions with the new custodial parent.  This statement assumes that the biological parent has agreed to share joint legal custody with another person.  Sole custody is where only one person has the right to make legal decisions concerning the child's health, education, and well being.  Also, the law requires that the father has notice of any decision and is given an opportunity to be heard in the matter.  If you want the action of the parties to be legally binding, you have to decide if it is in the best interest of the child for the parties to reach a custody agreement, which is later presented to the court for entry into the court.  Again, this is an oversimplification of what can become a very complex process.   In order to properly protect your interest,  more information is needed.  Accordingly, your question cannot be answered in this forum.  Please invest the time and money necessary to meet with an experienced lawyer in your area to address this matter in greater detail.  Best of luck~ ... Read More

Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which is fact specific.  Your question cannot be answered in the forum, without a review of your court orders, and all agreements between you and your spouse.  You must follow a valid court order until it is changed by the court. If you are trying to modify the terms of a current court order, it is recommended that you confer with an experienced family lawyer in your area to discuss the particulars of relocation, consistent with your current order.  Time is of the essence, therefore, you should make an appointment right away to resolve this matter.  Best of luck~  ... Read More

Your question cannot be answered in this forum, as more information is required.  For example, 1) who is the custodial parent? 2) why is the ex-husband allowing his girlfriend to abuse the child? 3) How did the mother become aware of these allegations? 4) How old is the child?)  5) What if anything has the mother done to address these concerns? 6) How often does the child see the father? 7) Is there a valid court order in place? 8) If so, when was the order entered? 9) Was the order by agreement or did the court order the current arrangement?  This is only a few of the many questions that need to be addressed before moving forward.  I suggest that you arrange to meet with a lawyer family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour.  Therefore, make sure you ask the lawyer his or her hourly rate to avoid any misunderstandings about payment. Best of luck~... Read More

It depends on how long you have been living where you are now located.  If you have been there 6 months or more, you can file a Petition for custody with the court in that jurisdiction.  They will have rules on how you have to serve your husband in jail.  If you have been in the state you are in now for less than 6 months, you will need to file a petition for custody in the court where you were living previously.... Read More

Unfortunately, you cannot force a parent to relinquish his/her residual parental rights.  The fact that the child was born outside of marriage is not a basis to divest a parent of custody.  The question of the father's fitness is a legal issue to be decided by the court. Your question cannot be decided in this forum. Lawyers.com offers general information and not legal advice.  I suggest that you confer with a family lawyer in your area to discuss your matter in greater details.  Most lawyers charge by the hour, therefore, you need to discuss the lawyer's hourly rate in advance of setting up an appointment to avoid any misunderstandings.  Best of luck~  ... Read More

As a general rule, the law provides that both parents owe a duty of support to a minor child.  This means that both parents are responsible for child support until the child becomes an emancipated adult.  The non-custodial parent should not be allowed to avoid his/her obligation to pay support by threatening to divest the custodial parent of custody.   If the father's name is not on the child's birth certificate, and there is a question regarding the child's parentage, the father can file a petition to establish paternity.  Once paternity is established, the father may file a petition seeking custody and or visitation.  The grant or denial of custody and or visitation is based upon the best interest of the child, as set forth in Virginia Code Section 20-124.3. Lawyers.com offers general information and not legal advice.  Legal advice is based upon a careful review of all facts in your case and the applicable law. If you have questions regarding the specifics of your case, please contact a family lawyer in your area to set an in-office consultation.  Most lawyers charge by the hour, therefore, you should discuss the cost of an office meeting before scheduling the consultation. Best of luck~... Read More