Virginia Child Custody Legal Questions

I'm not sure how this is bribery, as bribery would typically involve offering her something of value.  Here it sounds like what he is offering it less than what she would want.  It sounds more like he is withholding the children and putting pressure on her to sign an agreement she is not happy with.  There is nothing illegal about it and it happens all the time, although withholding the children from the other parent is certainly a factor a court could consider in determining who should have custody.  If she is not happy with the proposed custody arrangement she should contact the Juvenile & Domestic Relations District Court for the county in which the children primarily reside and make an appointment to file for Custody and Visitation.  If she is being denied contact with the child, she can file a preliminary motion to get a temporary visitation schedule established while the case is pending. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

There is no literacy requirement to have custody of a child, as long as a person is capable of caring for the child's needs.  However, if you are better able to provide what the child needs emotionally, intellectually and physically, then it may be determined that it is in the child's best interest to remain with you pursuant to Virginia Code § 20-124.3.  Since you are relocating, that will obviously affect the father's time with the child and gives him the right to seek a change with the court, but he would still have to show that it is in the child's best interest to stay here with him, while you would have to show that it is in the child's best interest to move with you.  There is no clear cut rule on this, but is determined on a case-by-case basis. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

I do not understand why the judge dismissed the case.  Do you know if the mother was served with proper notice of the case?  Even it she wasn't, ordinarily the judge will continue the case to give you an opportunity to get her served.  Without knowing why the case was dismissed, it is difficult for me to tell you what you should do differently.  But if the case was in the Juvenile & Domestic Relations District Court, you can appeal the judge's decision to the Circuit Court and ask for a new hearing.  You must note your appeal within 10 days, so do not delay.  If it is past the 10 days, you could file a new petition and start again.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

I think that a 50-mile move could be considered a material change in circumstances that would allow him to have the custody order revisited.  However, that does not necessarily mean that a change is warranted.  It's not as if you are moving out of state.  It will depend on how much it affects his visitation rights with the children.  Will he still be able to see them just as often?  Will the long drives along Route 95 be detrimental to the children?  These are the kinds of issues that must be addressed.  If you would rather stay put if it means losing custody of your children to move, then you may want to try to work this out with your ex-husband ahead of time.  If you can't come to a resolution with him and you still want to move, be ready to persuade the judge why it is in the children's best interest - not just yours - to relocate to Richmond. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

This is one of those situations where it may be better to ask forgiveness than permission.  Because the father or the courts may tell you no and you have already determined that this is your only real option.  If there is no custody order in place then there is nothing preventing you from leaving the area with the child.  It will give the father the right to ask that the child be returned to his custody, but once you have the child settled into a new home there is less of a chance as time goes on that the child will be forced to relocate back to Virginia.  It largely depends on how swiftly the father acts and how quickly he can get a court date.  I have seen judges go either way on this - some will come down harshly on you absconding with the child, others will let the child stay put.  Ultimately the judge is supposed to do what is in the child's best interests pursuant to Virginia Code §20-124.3.  So if it is best for the child to be with you, wherever that may be, then that is where the child should stay. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

You need to seek a protective order NOW.  No, you cannot do this anonymously.  You are going to have to be prepared to stand up in court in front of him and explain why you are afraid he may hurt you or the children.  This is the only way to remove him from the home.  The repercussions may be much worse if you do nothing and continue to allow him to threaten you and the children.  It is a risk you have to take.  Contact your local Juvenile & Domestic Relations District Court for the county in which you live and they will help you file a petition.  They will even help you as a walk-in for this type of case.  You do not need an appointment.  But expect to be there for much of the day, so take a book or something else with you to do.  Ordinarily a judge will grant you a preliminary protective order that very same day based on your petition and the case will be set for a hearing in about two weeks.  Once your husband is served with the preliminary protective order, he will have to leave the house immediately.  If he comes near you after that, you can have him arrested.  Remember, this is not just about you anymore - you have an obligation to protect those kids.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

According to courts.state.va.us, to enforce a court order you can file what is known as a show cause. The show cause may either be criminal or civil and its purpose is to ask the court to ensure that the non compliant party abides by the order. Once the Show Cause is filed the other party will be served and both parties will be expected to come to court and prove their case. After all evidence is heard the court will decide if, in fact, the other party is not obeying and then will issue an appropriate punishment.... Read More

VA Supreme Court Rule 8:14  provides that continuances are only given for good cause and are to be considered an exception not an ordinary occurrence. You can always call ahead and check with the court but unless you get a very straight forward answer you should attend the hearing. The rule I sited is on courts.state.va.us.    I hope this helps.... Read More

In any adoption proceeding, the natural parents should be notified and given an opportunity to challenge it.  Unless your parental rights have already been terminated, they would have to do that as part of the adoption and that is not done lightly.  If you are not sure what to do, you probably want to hire a lawyer to protect your interests. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

Ordinarily your spouse's or children's right to have visitation with your child would come through you.  But if you are not able to have visitation  yourself because you are overseas, this makes it trickier.  However, anyone with a valid interest can file a petition for visitation with the court.  If there is not already a visitation order in place, you may want to file for one and join your husband as a party.  If there is a visitation order, then you may want to have it revisited by the court to address this issue.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

If no court order currently exists, you can file petitions for custody and visitation in the Juvenile and Domestic Relations Court where the child lives, so long as the requirements of Virginia Code Section 20-146.12 have been met. You should be able to walk in and file the petitions yourself, or you are welcome to seek the assistance of an attorney. Notice must be given to the other side, and the Court will then set a hearing in compliance with its procedures.... Read More

It sounds like you are already doing the right things in filing for custody and visitation, which can be done as part of a divorce in the Circuit Court or separately in the Juvenile & Domestic Relations District Court.  In either court, you probably want to file a motion to establish temporary visitation, because you are being denied any contact with your daughter.  This is call pendente lite visitation and it will set the schedule for while the case is pending in the court.  The scheduling of motions varies from county to county.  It would be advisable to have a lawyer assist you with this process. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Assuming there is no existing custody order in place, then the first step is to contact the Juvenile & Domestic Relations District Court for the county in which you and the children live.  They will make an appointment for you to meet with one of their intake specialists, who will take all of your necessary information and prepare the custody petitions for you.  They will probably give you information about how to get the father served with the papers out of state.  Ordinarily you will have to hire a process server where he lives to serve him.  Eventually you will get notice of a court date for your status hearing.  This can take several months.  After that, if the father contests you having primary custody, the court will set it for a trial.  At that point, if not sooner, it would be extremely helpful for you to hire a lawyer to represent you. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

I'm not sure what your divorce order says, but it is unusual to have to obtain your ex-spouse's consent to relocate.  Ordinarily you are only required to give him 30-days advance notice of your change of address pursuant to Virginia Code 20-124.5.  However, if your relocation interferes with his visitation schedule, that could put you in violation of those provisions of the court order.  If your custody order has a special provision that requires you to have him sign off on your intent to move, then it may be time to revisit that provision and try to have it changed.  However, a change to sole custody may not necessarily change that particular provision; they are two separate issues. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

I would keep a journal of all visitation which is missed or that for which the child's father shows up late.  You may need the journal at a future child custody or visitation hearing.  As to the issue of a custody order "violation," your child's father is only violating the order if it states that he "shall" have the child every other weekend.  If the order states that he "may" or "will" have visitation every other weekend, the courts will not find that he has violated the order.  The visitation schedule is the maximum visitation he has with the child unless the two of you agree otherwise.  Either of you may be unailable for your visitation from time to time, but that doesn't rise to the level of a "violation."  I would contact my attorney about the conviction of the crime had anything to relation to crimes that would be harmful to children or a crime of dishonesty so your attorney has the information for any future hearings.... Read More

You state that you do not have custody of your child.  Is there a custody order granting your boyfriend or someone else custody?  If there is no custody order and you are  the child's parent, you have the right to move and take your child with you.  The father of the child could file a custody petiton with the court seeking custody or visitation.  If he files, you will want to file as well, seeking custody of your child and child support.  Take a look at Virginia Code section 20-124.3 to see the factors a court must consider when making a custody determination and make sure you have evidence to prove you are the parent who best meets the criteria.... Read More

If you both live under the same roof you can take care of your six-year-old.  However, if you move out, the father has custody and the vistitation set forth in the order is the schedule that you will have to follow, until such time as you file a Motion to Modify Custody and demonstrate a material change since the last order was entered.  You can ask for custody and demonstrate that you have been the one taking care of the child.  Look at Virginia Code Section 20-124.3 to see the factors a court must consider when making a custody determination. ... Read More

A separation agreement signed by both parties is a binding contract which will be given great deference by the court.  However, the court maintains jurisdiction over issues regarding the minor children when it comes to spousal support and custody or visitation.  Your husband would have to demonstrate to a court that there has been a material change in circumstance since the time he contracted with you to allow the children to move with you to another state.  If your husband files, you will want to submit the agreement to the court and ask that is be incorporated into a court order.... Read More

You can file a Motion to Modify Child Support in court, requesting that the court modifies your child support based on a material change in circumstances in your income and your ability to pay.  The court cannot modify the arrears that you currently owe, so filing sooner as opposed to later is helpful to you because the Court can only modify child support back to the date of filing (and the other side is served with your filing).  Be prepared to demonstrate to the court that you are involuntarily making half of what you made when the last order was entered. ... Read More

It depends.  If the case is filed in Juvenile and Domestic Relations Court, the attorney must make a request to the court to issue discovery.  If the case is filed in Circuit Court, then the attorney can issue discovery immediately.  A filing in either court does not require the court to enter an order "reinstating" the case. ... Read More

That is PA law in any event.  I would be surprised if the standard were different in VA.  Assuming it is the same, as long as you demonstrate you are the better parent, and the children are better off with you, you should get primary custody after filing for it and going to court.    ... Read More

Public defendants and court-appointed lawyers are only provided in criminal cases to those who are unable to afford an attorney.  For a custody matter, you generally have to hire your own lawyer or you may be eligible for a legal aid lawyer.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You posted this question under "Child Custody" but what you really need is an Immigration lawyer.  You may need a lawyer for a divorce and custody case, as well, but I don't have enough facts to advise you in those areas.  As long as you are still residing in the household with your husband and child, it is difficult to address the domestic relations issues, except by agreement. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More