Virginia Family Legal Questions

My condolences to you.  Unfortunately we frequently see death cause great discord in families.  The most important question is going to be where did your mother reside when she passed.  Whichever jurisdiction that was, seek out an estate attorney from that state and speak with them regarding litigating these issues... Read Answer

It sounds as if you two agreed that neither of you would be required to pay the other child support at the time you entered into your settlement agreement.  Nonetheless, a parent cannot waive the right to seek child support from the other in the future.  Any such waiver is unenforceable. ... Read Answer

The agreement will allow you and your wife to get divorced on an  uncontested basis with the shorter waiting period of 6 months (because you have no children).  If she is anxious to get divorced and avoid the one-year waiting period then she will likely sign the agreement.  If you choose to represent yourself (which is probably not a good idea) then you could send the agreement back and point out to the opposing attorney that the agreement wasn't signed.  You could ask them to sign and notarize it and then send it back to you.  You could then sign and notarize it, make copies and send it back to opposing counsel.  It has the legal force of a contract but the real "bite" associated with a Property Settlement Agreement is that is ultimately made a part of the divorce decree and violations of the agreement are then enforceable by the court's contempt powers (jail, fine, etc.).  ... Read Answer

I assume you are referring to a grandparents rights to custody or visitation with a grandchild? This is a very complex issue, that in order to answer what your options are, would require a specific fact scenario.  The answer depends on which (custody or visitation) you are seeking, are both biological parents involved, are either or both in favor of you taking custody or having visitation with the minor, has the child been removed from the home....and on and on.  If you would, please be more specific on who is involved and your goal for the child.... Read Answer

I think you are asking about a person who believes he is the father of a child, but is not. There are times when a man is presumed to be the father and having no reason to believe otherwise, becomes a party in custody, visitation and support litigation, and order. In Virginia, relatively recently (within 10 years or so), once a man is adjudicated (mistakenly) the father, there was no way to correct the miscarriage of justice. Men that have been paying child support for years, and then proven not to be the biological father were ordered to continue to pay child support because the matter was previously settled. That situation has been fixed so a person can now file for a determination of paternity by testing. If the DNA shows that he is not the biological father, he will be relived of paying support (he can’t get his money back for prior support); and he may ask the court for custody and visitation which, if he was a good or just fair parent, he would likely get visitation. Kenneth A. Moreno, VSB#37686 1553 S. Military Hwy, Suite 100 Chesapeake, VA 23320 (757) 486-1938 Only licenced in Virginia... Read Answer

Whether or not you can move out of state with your children depends on exactly what your custody order says.  If it does not prevent you from moving, then you may be able to do so.  But if the move will interfere with the other parent's time with the children, then that will almost certainly put you in violation of the court order.  In that case, you would have to move for a modification of the existing order or risk that the other parent will ask the court for a change of custody to them.  How this comes out will usually depend on how involved the other parent is with the children and how much visitation time they have.  Relocation cases are extremely difficult. 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 Answer

Anytime you are fighting for your rights in court it is best to have a lawyer to represent you.  A lawyer knows the rules of evidence and procedure in order to make the best presentation of your case and ensure that you are protected.  You do not technically need a lawyer just to get a continuance, but if you do not file it or present it correctly, you may be denied.  Even with a lawyer there is no guarantee. 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 Answer

When a minor is taken into custody the parents will be notified and a parent or guardian typically must be present in Court for all proceedings.  However, people often confuse this with the idea that the police cannot talk to, interview, or interrogate a juvenile without the parent being present.  This is not true.  The police can, so long as the Constitutional requirements are otherwise met, question a juvenile without parental involvement.  A child's age and maturity is one of many factors that impact whether or not the child knowingly and voluntarily speaks with police, but it is not the only factor.  An attorney would need to investigate all of the facts to determine whether or not any statements made by a juvenile to the police are admissible in Court.... Read Answer

You may petition a court for additional spousal support or alimony if the court decided the spousal support and you still have a need for support and your ex-husband still has the ability to pay and there was a reservation, which is generally half the length of the marriage.  If your husband and you settled the alimony issue by agreement, you will need to look to the terms of the agreement.  If your agreement states that the alimony is "nonmodifiable" then you cannot change it except by a written amendment to the agreement signed by both your ex-husband and you.... Read Answer

If your father is competent to make decisions, he can execute a document revoking the power of attorney.  You would want to have that revocation delivered to your brother in law, and any third party whom you believe he has shown the power of attorney to - for example, if he used the power of attorney to open an account at a bank in your father's name, you would want to present a copy of the revocation to the bank so they will know that the power of attorney is no good.  It would be wise to document the date and time the notice of revocation was presented to each entity - having a signed receipt is usually a good idea, but consult with a local lawyer about what they suggest.... Read Answer

Parents are not permitted to move out of state without the other parents' permission or without a court order.  But, you will need to find her and your son in order to get custody.  You should be able to get an emergency order requiring her to either return with your son or for you to get full custody until a hearing can be held.  See an attorney, if you haven't already.... Read Answer

If your son's name is on the deed, you can not take it off without his consent.  If he agrees, you can have a lawyer prepare a new deed, that he signs, conveying the property to you.  An attorney should charge you a few hundred dollars to prepare the deed, and you will also have to pay recordation costs, they vary depending on the value of the home. If he does not agree, you can file an action with the court to straighten the title, but most likely, you will be required to pay him his share of the equity in the house, or the court could order it sold, and the profits split.  Since you can't just take his name off, it may not be a wise decision to put your daughter's name on the property since you may want to change your mind later.  I suggest you talk to an estate attorney to draft a will listing who should get your assets when you pass away.  When you meet with the attorney, you will want to bring the deed to the property so they can see whether it says that your son owns the property with you as joint tenants with survivorship.  If so, you will want to take steps now to change the ownership, otherwise if you die, your son would be entitled to the property.  Your attorney can give you details on how to accomplish this.... Read Answer

In general, a court has continuing jurisdiction to modify orders that relate to child custody and support.  In contrast, if at the conclusion of a divorce, a court awarded a wife a set amount of money and allowed the husband to keep the marital home, in general, a court could not later modify such an award.  It is extremely difficult to predict how a court would rule on a petition for a change, because each case depends so greatly on how the parties present in court, and how the children have adapted, or will adapt to the situation, and while the court will consider the desires expressed by a child, the actual weight given to that will depend on how emotionally developed the child is, whether the court thinks the child is being manipulated, or simply wants a less strict environment.  You should consult with an attorney to advise whether you should file for a change in custody petition going forward, and to document your "current" arrangement.  ... Read Answer

You have several options.  Someone can go to the local clerk's office, probate department, and qualify as an administrator of the estate, and then sell the assets and use them to pay the debts.  The second option is that you or your husband could send bills for storage of the items, and then when the bills are not paid, sell them to satisfy the bills, up to a limited amount.  Both options have fairly technical requirements, so you will want to consult with an attorney in your area to ensure you follow the correct procedure so that you can sell the items without exposing yourself to claims from others.   This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.... Read Answer