Virginia Family Legal Questions

Mr. Darby, I am sorry for your recent loss.  The short answer is, "yes."  The grandparents can file for joint custody.  However, the mere filing does not guarantee that the grandparents will prevail on the merits of the case.  Due to the complex nature of third-party custody disputes, I suggest that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice. If your husband has filed any formal proceedings with the Court, you must be served with a copy of what has been filed.  Due Process requires that you receive notice and an opportunity to be heard in court. If you have not received any documents from the Court, there is little you can do until you know what relief he is seeking from the court.  I suggest that you ask him what has been filed with the court and when you will receive a copy of the paperwork. Unfortunately, your questions cannot be answered in this forum.  I suggest that you confer with a lawyer in your area to discuss this matter in greater details.  Best of luck~... Read More

As a preliminary matter, please note that Lawyers.com offers general information and not legal advice.  If you and your spouse are still living together as husband and wife, the court does not have jurisdiction or authority to address the issue.  The court only steps in when the statutory requirements for instituting a divorce have been met and the parties are seeking judicial intervention to resolve issues pending before the court.  Otherwise, courts would be overloaded with couples seeking advisory opinions in relationships that are not ripe for divorce.  Assuming that you are still living together and there is no intent to dissolve the marriage, you must resort to practical solutions to address your concern.  1) Speak with your spouse, and ask how he was able to remove all of the retirement assets without your signature? 2) Where is the money? 3) Did he roll it over to another retirement account, invest it, spend it, etc., If he provides a satisfactory response, hopefully, that will end the matter.  However, if he is evasive and does not address your concerns I suggest that you contact his employer. If the funds were improperly removed, his employer may be willing to share information with you to avoid any allegations that the terms of the plan were violated. Each company has a plan administrator or a comparable person who is responsible for administering retirement plans.  The administrator is responsible for ensuring that retirement withdrawals satisfy plan requirement and does not jeopardize the plan's tax status.  If your spouse has reached retirement age, ask whether your signature is required for withdrawals? If so, you may wish to share that you did not sign any documents and make a request for any documents that bear your signature.  Finally, if an investigation discloses fraud, forgery, or other criminal acts, this could lead to an investigation.  Unfortunately, your question cannot be answered in this forum without reviewing the retirement documents.  In order to protect your interest, you may wish to confer with an experienced family lawyer in your area for a confidential consultation.  Best of luck~... Read More

Leave the state for vacation, or move out of the state?  It depends on what the current order states.  Does the current order prohibit the children leaving the state for vacation?   If you are talking about moving the children out of the state, and the current order does not give her permision to do so, you can file a Petition/Motion with the court to Enjoin the children leaving the state.  Speak to an attorney for more specific advice on your situation.... Read More

Okay, Sorry about what you are going through. Your divorce may be finalized but due to your now ex-husband behavior, you have to escalate the litigation process. I think you have had numerous serious conversations with him regarding reminding him that he needs to remove his name from the mortgage. What you can do, on your part is to contact the Mortgage company that you guys deal with, provide them a copy of the judgment which asks both of you to release yourself from the debts and refinance/etc as per the order. So, if that doesn't work and you require him to get the mortgaged refinanced since its affecting your credit score and will also affect since you are still on the mortgage if he misses a payment. Was his bankruptcy approved? You should contact an attorney to assist you with the situation. 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 // Family Law Attorney in VA.... Read More

You should appeal the court decision, and wait 2-3 months to petition the court for modification of custody. Please contact an attorney to go over the possible options. I don't feel that going after perjury will help you in a competent manner. However following the first sentence above may become beneficial for you. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

My first inclination was to tell you to get out of there, get away from him and be safe - but my friend who works in county resources said that this can be the most dangerous time - when you threaten to leave or actually leave.  So you need to have a plan in place first.  Please call 211 for statewide info and referrals.  They may be able to help you find a safe shelter for women and children in your area.  Also check out http://www.vsdvalliance.org/ for domestic violence resources.  Be strong and remember that he may sweet talk you sometimes, but he's still an abuser.  That's what they do.  He could be great 99% of the time, but if he hits you once that is too much.  You deserve better.  Your kids deserve better.  And he will be required to pay you support under the law, so his threats to cut you off are empty.  It won't be easy, but you can do this.  Don't wait until he hurts you worse.  It is true that with no marks it could be very difficult to get a protective order or bring cirminal assault charges, but you can still make a plan and get out.... Read More

If there is a court order that she has violated then you can seek to have her held in contempt of court. If your custody agreement has not yet been reduced to an order then you should seek to have a custody order entered. If there is no court order yet or if there was a previous court order entered in another state then you will  likely have to proceed in the state that your daughter is living in. If there is a current Virginia order in place then you can proceed in Virginia. ... Read More

It is possible to get a divorce based on a one-year separation while still living in the same premises, but the key is to have a very good witness who can attest to the living situation.  In all divorces in Virginia you are required to have a corroborating witness who can verify the grounds for divorce.  If you are still living in the same house, the witness must have personal first-hand knowledge of your day-to-day living arrangement.  Because the judges want to make sure you are not colluding to bypass the one-year separation requirement, they will often require that this witness be someone who lives in the house with you, such as a tenant, nanny, adult child, or other family member.  If you don't  have someone like that, then you should have a friend or neighbor come over frequently and make them aware of the situation.  Perhaps that would be enough, if they are very convincing, but they need to be able to observe this situation for a full year.  Keep in mind that legal separation means more than just not sleeping in the same bed together.  You also can't do the other daily activities that constitute a marriage, such as cooking and cleaning for each other, sharing finances, etc.  This is not to say that you cannot be friends or cordial to each other or even share a meal together, but you should try to separate these things out as much as possible.  And make sure your witness sees it.    ... Read More

Lawyers.com offers general information and not legal advice.   It is recommended that you confer with an experienced family lawyer to discuss the following: 1) Grounds  for divorce, including desertion;  2) Legal requirements for obtaining custody; 3) How to obtain temporary custody, while a divorce is pending; 4)  What is required to obtain child support: 5)  What, if any, impact does removing the children from the home without permission have on a final custody determination?:  6) What options are vailable in the absence of a court order; and, 7) What are the requirements  for seeking emergency custody? Your question cannot be answered in this forum.  Please consult with a family lawyer in your area to protect your right and the interest of your children.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  It is recommended that you confer with an experienced family lawyer in your area to discuss the following: a) Whether the Common Law marriage is valid?  There are no common law unions in Virginia.  However, if the marriage took place in a jurisdiction that recongizes common law marriages the issue is whether the marriage will be valid under the Full Faith and Credit Clause.  This is legal question that calls for legal advice and needs to be directed to a seasoned family lawyer. b)  If the marriage is valid, what are your daughter's rights?  If it is determined that the marriage is valid, all issues of property will be resolved consistent with the dealth of a spouse.  However, if the marriage is invalid this may limit the legal remedies that are available.  c) If the home sold as part of a short sale, was there a deficiency judgment at the time of sale?  In other words, there were insufficient funds to satisfy the debt, does the bank have a right to request the funds to satisfy the difference? These questions cannot be answered in this forum.  Therefore, it is recommended that your daugther speaks with legal in your area to discuss these matters in greater detail.  Best of luck~... Read More

Yes you are entitled to a percentage.  However, to determine the exact amount, there are actuary charts that will determine your percentage.  There are factors that are taken into account inculding your age and the age of your spouse.  Some attorneys determine the amount themselves but many attorneys send these out to a qualified accountant or actuary who can comprehensively determine the precise amount that is due and owing.  Most likely there is an additional fee for the accountant or actuary.... Read More

If this was a one-time thing then there is probably not much you can do about it because accidents happen and he may have had no way of knowing that the dog would bite.  If he has a consistent pattern of negligence, however, then you may want to consider seeking to reduce his visitation or have it supervised.  If you are asking about him covering the cost of medical treatment, that would seem fair, if it is not covered by insurance, although the division of medical costs is usually dictated by any child support order you have. 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

Spousal support is determined by a number of factors set forth in Virginia Code 20-107.1.  These include the length of the marriage and whether he supported you during the marriage, as well as the disparity in your incomes and his ability to pay.  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 can enter into a prenuptial in whichever state, it makes no difference where it is signed.  Most contracts will specify which state's laws it will be interpreted under.  So if you have a preference as to where you would most likely be enforced, then you probably want to have a lawyer in that state draw it up for you.  1. No, you do not need to responsible for his debts, once you are married.  Just don't co-sign anything with him.  Third party creditors cannot come after you for debts you did not personally incur. 2. It makes sense to have separate accounts if you want to keep things simpler and clearer.  3. See number 1 above. 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 review your Court Order that spells out Custody and Visitation. There should be a reference in the Court Order to you, as the father, having access to your daughter's medical records.  If the hospital still will not allow you to have a copy of the record, you have a number of possibilities.  (1) If the Court Order says you have access to medical information and the hospital will not allow it, you can file a Motion for Show Cause against the mother to have the Court order the mother to grant you access to the medical record. (2)  If your Court Order does not state you have access to medical records, you can do a  Motion to Amend your Custody and Visitation Order to ask for a provision granting you access to the recorrds.  Unfortunately, you are liable pursuant to your Child Support Order to pay a percentage of unreimbursed medical expenses.  This is regardless of whether the mother is cooperative about information or not.   ... Read More

You have not given a clear picture of what happened at this hearing.  A guardian ad litem represents a person who is under a disability.  If a guardian ad litem was representing your wife, someone in the court system knows or suspects that your wife is not in a position to take part in a court hearing without the help of a guardian ad litem.   A guardian ad litem for your estranged wife does not have to report to the court that her client was just released from a psychiatric facility. Without more information, I could not recommend any action against the guardian ad litem.  ... Read More

The grandparents can file for guardianship of your friend.  The parents will get notice of a hearing. A judge makes the decision as to where your friend if his parents object.   Your friend deserves to live without verbal abuse.  Encourage hime to discuss the verbal abuse with his grandparents.  Guardianship is necessary to get your friend into school.      ... Read More

As an adult you have the right to change your name to whatever you want at any time, as long as it is not for an illicit purpose, such as evading the law.  You file where you currently live. 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

Your boyfriend's ex-wife cannot come after your assets and any support she receives is based only on his income, not yours.  However, if you plan to acquire things together you may want to have a prenuptial agreement, since it seems that you are the one who will be contributing the most to the marriage, while much of his income is going to others. 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 can file for divorce in any state where one of the parties has legal residency, so in your case either Virginia or Maryland.  It has absolutely nothing to do with where you were married, although this is a common misperception.  You must meet the residency requirements of that state.  In Virginia, you must be a resident for six months before filing.  However, if the other party has no connection to that state, they can demand that it be transferred to the state of last marital residence.   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

No, if your spouse was already married at the time of your marriage, then that is bigamy and your marriage is void.  However, you may want to seek an annulment in order to clear up the public records and sort out any property that you have.  If you want to stay married to him, then he should divorce his first wife and then you should get remarried to him. 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

As people with a legitimate interest in the children, the grandparents are allowed to file for visitation.  However, the answer to your question is largely going to depend on what the position of the other parent is on their visitation.  If you and the other parent present a united front against them having visitation, then that will ordinarily stand.  I'm assuming these are not your own parents, but the parents of the other parent?  Where is the other parent?  Ordinarily their rights would flow through him and if he has time with the kids, then he can have the kids visit with his parents during that time.  Outside of these normal scenarios, we would need a lot more information about your particular situation to determine the likelihood of the grandparents getting visitation with the 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

Yes, once the other party has failed to meet a payment deadline they have violated the court order and you can ask that they be held in contempt of court by requesting the issuance of a Rule to Show Cause, as you suggest.  You do not have to wait for DCSE to act.  They will not ordinarily do anything until the account is severely delinquent, by at least $5,000.  While they can be very helpful in your case, they do not technically represent you or even the child; they represent the interest of state in ensuring that child support is paid.  Therefore, they do not have to do anything just because you want them to.  You can take actions on your own behalf or hire your own lawyer to protect your rights. 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