Virginia Child Custody Legal Questions

Thank you for your question.  I have reviewed the facts presented and do not feel that your question can be answered in this forum.  There are too many unanswered questions.  As a preliminary matter, your husband should speak with his children to ascertain whether they have in any way been compromised.   Under what circumstances were the children in the presence of the boyfriend?  Were they ever left alone with him? Did the boyfriend live in the home at the time of the offense?  Does he live in the home now? Were the children in question in the home during the time the sexual assault took place?  What is the boyfriend's current level of exposure to the children? Has your husband had a calm and civil conversation with the biological mother concerning this matter?  If so, did he feel that she was forthright in sharing information regarding any risk the alleged perpetrator posed to the safety of your children? Did CPS put into place a plan designed to protect all "at risk" children in the home?"  Has the CPS investigation been concluded? If so, was it "founded" or "unfounded?" Did CPS file an abuse and neglect petition? If so, is there a pending hearing?  If not, why? What if any recommendation were made by CPS?  Lawyer.com offers general information and not legal advice.  Legal advice is based on detailed facts in a particular case. It is recommended that your husband schedule a consultation with a family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour for office meetings.  Therefore, you need to verify the cost in advance before scheduling a meeting.  Best of luck~  ... Read More

Lawyers.com offers general information and not legal advice.  In Virginia, issues of custody are based upon the child's best interest.  What constitutes the child's best interest is a factual question.  The court will look at the individual facts in each case and apply the law, as set forth in Virginia Code Section 20-124.3.  As grandparents, you have a legitimate interest to pursue custody.  However, the court will make a decision based on the overall best interest of the children.  Your questions cannot be answered in this forum.  It is recommended that you confer and consult with a family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour for office consultations, unless you qualify for some discount.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Under the facts, as presented, if you have been properly served you must obey the request to appear in court.  If you have concerns about the paternity of the child, when you appear, you may request that paternity be established.  The Court will order a DNA test and the case will probably be continued to another date for the results.  Once paternity is established, the court will order child support, consistent with the support guidelines.   As noted, Lawyer.com offers general information and not legal advice. It is recommended that you confer with an attorney to discuss your case in greater details. Most lawyers charge by the hour for office consultations.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Legal advice is based upon a discussion of the facts in your case. Your question cannot be fully answered in this forum, because it will require more information.  For example, are there any court orders in place, issued by any state?  If so, what state and when was it issued?  How long did the children live in Georgia?  Did they live in Georgia more than 6 months? Did they ever live in Alabama?  Have long have they lived in Virginia? What, if any role, did the father play in allowing them to come to Virginia?  Did he agree?  Has your daughter or the father ever live in Virginia?  Will the biological father agreDo you have anything in writing from your daughter?   There are too many unanswered questions for me to offer proper guidance. I encourage you to set up an initial consultation with a family lawyer ASAP to address each of your concerns. Lawyers charge by the hour, therefore, be prepared to pay for the initial consultation. You will need a court order to enroll the children in school or seek medical attention. Therefore, time is of the essence.  Best of luck to you and your family~ ... Read More

Your question cannot be answered in this forum.  At the very least, you need to call the court and make the Judge aware of your problem.  As to whether the matter will be continued will depend on the judge and the other party's position on your request for a continuance.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  If you are seeking legal advice, you may wish to set up a consultation with a family lawyer in your area to discuss filing an appropriate Motion to address this issue. The terms of your existing court order will govern until it is modified by the court.  ... Read More

When you say, "stay away order," do you mean a protective order?  If so, the terms of the order will govern. I recommend that your daughter carefully review the terms of the Protective Order to see what conduct is permitted.  Lawyer.com offers general information and not legal advice.  If your daughter needs additional information, I suggest that she meets with an experienced family lawyer to discuss this matter in greater details.  Please note that most lawyers charge by the hour for consultations.  Therefore, this is something that should be discussed up front.  Best wishes~... Read More

Although the Court will honor an agreement reach by the parents, an agreement is not a court order.  A court order gives the court authority to enforce an order if it is violated or breached by the parties.  Unfortunately, your question cannot be fully answered in this forum. Lawyer.com offers general information and not legal advice.  Please confer with a family lawyer to discuss this matter in greater details. Best of luck~... Read More

In Virginia, custody decisions are made based upon the best interest of the child.  If you and your Mother are able to reach an agreement, the Court will honor the agreement and incorporate it into an order.  If, however, you are not able to agree upon the terms of temporary custody, a judge will decide the issue by relying on Virginia Code Section 20-124.3.  Please keep in mind that the father must be given notice of any legal proceedings involving the child. Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice. I suggest that you confer with an attorney in your area to discuss this matter in greater details.  Lawyers charge by the hour and most consultations are billed at the lawyer's hourly rate.  Best of luck~... Read More

Unfortunately, what you describe as "briding the children" is a common ploy often used by parents attempting to gain an advantage in a custody case.  Fortunately, judges in Virginia make custody decisions based on the applicable law and facts presented during the trial. Virginia Code Section 20-124.3 provides the statutory scheme governing matters of custody.  The primary role of the judge is to make a decision based upon what is in the best interest of the child.   A best interest determination will take into account the relationship between a child and each parent, other family members, the propensity of the custodian to allow contact with the other parent, age, health, the mental condition of the parties and children, etc.   If the Mother has been in and out of the children's lives this is a relevant fact for the court to consider but it is not dispositive of the ultimate issue.   The court will consider all of the statutory facts, together with the evidence properly presented at trial, when making a final decision. Your question cannot be answered in this forum.  Lawyers.com offer general information and not legal advice. No lawyer to provide legal advice without a complete review of all pleadings, orders, and documentation relating to the history of the case.  It is suggested that you confer with an experienced family lawyer in your area in order to protect your interest. Best of luck~... Read More

There is no way to answer your question in this forum.  The cost will vary, depending on a number of factors. Some lawyers offer free consultations, as a marketing tool to general business, while others may offer reduced fee consults.  These facts, notwithstanding, most consultations are billed at the lawyer's hourly rate, which varies.   You need a consultation because relocation cases are very complex. They are very difficult because a judge is being asked to limit a  parent's time with a child while allowing the other parent to leave the area.  If both parents have a good relationship with the child, and there is a court order allowing custodial access, this will add to the court's difficulty, in making a decision.  The Court is trying to send you a subtle message, which you will be wise to heed.  You need help to understand the legal process and avoid making arguments that are not legally sound.  If the other parent is represented by an attorney, you need someone to help you navigate your way through the process.  Best of luck ... Read More

Virginia Code § 20-124.3. sets forth the statutory schedule governing custody and visitation determinations.  The legislative mandate provides the guidance and direction necessary to assist judges in making best interest decisions.  As the father, you have legal standing to file a custody petition.  Unfortunately, the mere filing of a petition does not guarantee that you will receive custody.  Moreover, if the Mother has been the child's custodial parent since birth, absent extenuating circumstances, it is highly unlikely that a judge will divest the mother of custody.   The best interest of the child is of paramount consideration to the court, when deciding matters of custody and visitation.  The Judge will apply the law to the individual facts of each case in order to foster the well-being of the child. Without more details, the facts provided in your summary are insufficient to warrant a change in custody.  As a general rule, in order to modify an existing court order, the party seeking modification must demonstrate a "material change in circumstances" that is in the best interest of the child. What is your "material change in circumstances?"  There is no way to answer your question in this forum, based on the facts presented. Lawyers.com offers general information and not legal advice.  No lawyer can provide proper legal advice without a detailed summary of all the relevant facts in your case, together with a review of all documents and pleadings filed with the court.  If you are serious about a pursuing a change in custody, it is strongly recommended that you meet with an experienced family lawyer in your area to discuss the individual facts in your case in greater details.  ... Read More

Virginia Code § 20-124.3. sets forth the statutory schedule governing custody and visitation determinations.  The legislative mandate provides the guidance and direction necessary to assist judges in making best interest decisions.  Although the father may have legal standing to file a custody petition, the mere filing of a petition does not guarantee that he will receive either custody or visitation. The best interest of the child is of paramount consideration to the court, when making a decision. Judges will apply the law to the individual facts of each case in order to render an outcome promotes the well-being of the child. There are facts provided in your summary that are beneficial to your position.  The fact that the charges were dismissed against the fact is a relevant factor that may weigh in favor of the father.  The Judge will make a decision based on the evidence presented in the case. Therefore, it is strongly recommended that you meet with an experienced family lawyer in your area who knows how to successfully litigate this type of case.  There is no way to answer your question in this forum. Lawyers.com offers general information and not legal advice.  No lawyer can provide proper legal advice without a detailed summary of all the relevant facts in your case, together with a review of all documents and pleadings filed with the court.  In order to protect the interest of your grandchild, please confer with a family lawyer to discuss this matter in greater detail.   ... Read More

Yes you can gain custody but it would not be easy. You will need to retain counsel unless you plan on representing yourself in court and have someone prepare the court paperworks at a reasonable rate. Attorney for this kind of work ranges anywhere from $2,500 to $4,500 depending on who you go to. However, Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey. Looking forward to hearing from you.... Read More

It would be wise and beneficial to involve an attorney. If you have not already established sole-custody of the child than you should do so otherwise he will most likely take away the child. You mentioned he is married, so most likely if they do decide to fight for custody for full, they can afford a lawyer if they combine their income to get the best attorney. You didn't mention your financial status. Once he establish paternity, you can not have full custody unless you have a really aggressive and competent attorney that will fight tooth-and-nail for you and your son. You can expect to spend anywhere from $1,500 to $7,500. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

Hello, it would be best to petition the court for custody. You should consult with an attorney though. We can certainly try to help you evaluate your options. We are based in New York. Feel free to give us a call or text for a free 15-minute consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read More

We see cases like yours all the time. Not to mention where we have subpoena other parents as well. Currently doing subpoena on a case in Maryland. Anyhow, they can subpoena all they want. What matters is how they present the case to the judge. I personally feel you got a panic attack because of losing your son. Which is understandable given the stress and bullying you have always been going through. Just like your son, your daughter is old enough to make her own choice regarding where she wants to live with. What he might do is use her brother to convince her that she will be better off with them and that she should come over to daddy. So its a matter now,  how close you are with your daughter and if she wants to leave you. A panic attack is not like drugs or alcohol where they can say you are an unfit mother. Your case history will also play a picture. You lost your son, you should work with a good lawyer that can help you secure your daughter. You will certainly need a competent and aggressive attorney for your case. We usually travel whenever we have a case for Custody in Richmond, VA. Where is your case? We can certainly help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in VA.... Read More

if you have joint custody the mother can take the child to any other state or city as long as she does not re-locate without notifying the court and you. She will need permission to relocate her residence with the child. You need to talk to a lawyer and go over your possible options. One of them would be to file contempt and custody modification.  Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in VA.... Read More

Yes. Custody will be worth pursuing. However the only concern I have is that you mentioned you are in military. Since you are in military, does this require you to travel and go out? Who willlook after the child when that happens? What will be best is50/50 Custody. You can have your daughter while you are in the states. Minus mother’s day and her birthday and summer vacation and the time you go back on the field. I don’t know your exact situation but feel free to call me for a free consultation. I do have attorneys under my brand SMS ATTORNEYS Whereas my attorneys do travel out of state if a client requires. Looking forward to hearing from you. ... Read More

You are correct that if you cannot get the father to sign off on obtaining the passport then you need to have sole cusotdy in order to get the passport for your child.  You will have to provide legal notice to the father of your intent to seek custody and he will have the opportunity for a heairng.  If you do not know where the father is you can accomplish legal notice by publication in the newspaper.... Read More

You don't really have any rights until the child is born, at which time you have the same rights as any other parent.  You can file a petition for custody immediately after the birth.  In the meantime, you have the same right to see the child and have the child with you as the mother has, although that may be logisitically complicated without a court order.   ... Read More