Virginia Family Legal Questions

The question is whether you have standing to pursue a third-party custody action. As a general rule, the law recognizes the right of parents to raise children, without undue interference from the state or other parties.  However, there are exceptions and you must prove by clear and convincing evidence that it is in the best interest of the children for a court to intervene.  These cases are very difficult to win because of the Constitutional issues involving a parent's right to autonomy when raising children.  There are two ways to handle this situation.  First, it would probably work best for you to reach an agreement with the parents granting you temporary custody.  If they are unwilling to reach an agreement, then, you have to go to the local Juvenile and Domestic Relations Court and file a Petition, seeking custody.  If both parents oppose your request, then, you have to prove actual harm to the children by leaving them with their parents.  If only one parent disagrees, then, you have to prove by clear and convincing evidence ("CCE") that it is in the best interest of the children to be placed in your custody. Unfortunately, the CCE standard is rather high and will require definitive proof of any allegation.  You can't rely on hearsay evidence but you must be able to convince the court, based upon your personal knowledge that the parents pose a danger to the children or are unfit to serve as caregivers. I suggest that you set up a consultation with an experienced family lawyer in your area.  Lawyers charge by the hour for consults, so you need to discuss the cost of a consultation in advance to avoid any issues.   Best of luck~... Read More

Unfortunately, in cases with DSS,  parents, and relatives are usually at a disadvantage.  DSS has a myriad of resources and often makes decisions that may negatively impact the interest of the family.  It is critical that you contact DSS and let them know that you are interested in adoption if that is an option.  The law requires that DSS try to rehabilitate the parent or correct the problem before terminating parental rights.  If they are seeking to terminate the rights of the parent(s), this may suggest that the case has been going on for more than 6 months.  If this is the case, you may wish to file a custody petition, which will give you a legal basis to contest the actions of DSS. If you do not have a petition pending, you do not have standing or the right to challenge the actions of DSS. The nature of these cases is too complex to discuss in a blog.  I suggest that you invest in meeting with a family lawyer to discuss this matter in greater detail. Lawyers charge by the hour for consultations, so please be prepared to discuss fees upfront to avoid misunderstandings.  Finally, you need to act quickly to avoid losing the right to intervene in the case.   You are facing an uphill battle but the outcome will hinge on the law, as applied to the facts in your case.  Best of luck~... Read More

What type of case is it? Is the $1,000 a reoccurring monthly amount or a one-time payment? If this is a one-time payment, you must make a decision as to whether it is going to cost more trying to collect on the debt or if you should just let it go. If you hire a lawyer, you could easily pay more than $1,000.  Further, if the person lives out of state, you have to calculate the cost of services, together with any cost you will incur to locate the person.  Sorry, you are in this position, but trying to enforce an order is often difficult because the other person will be given an opportunity to tell his or her story and the court has to decide if there has been willful defiance of the court order.  Unfortunately, you will need an address because you must take steps to serve the person. The purpose of service is to make the individual is aware that a lawsuit is pending, so he/she can defend.   It may be worth it for you to contact an attorney in the field of your matter to discuss this issue in greater detail.  Please note that lawyers charge by the hour, therefore, you need to discuss payment before setting up a consultation to avoid any confusion.   Wishing you all the best ~... Read More

One definition of separate property, contained in Virginia statute 20-107.3(A)(1), is property acquired by either party before the marriage.  The house is his.  Unless there was consideration for the "verbal agreement," he had no legal obligation to add your name to the deed.  Generally, assets acquired during the marriage, including increases to retirement plans, etc., are marital assets, unless it is derived in exchange for, or from the proceeds of, separate property.  The definition of marital property is contained in Virginia statute 20-107.3(A)(2).  You have interest in marital assets and marital debt only.  If your husband were to die without a will, you may gain an interest in his separate property through the laws of intestacy.  If you divorce, or if he sells the house, you would have no interest in the proceeds.    ... Read More

Your question cannot be answered in this forum because you have left out key facts.  First, are there any minor children involved?  If so, you have to wait 1 year, before you are eligible to file.  If there are no children,  you may file, if you have lived separate and apart for a period of 6 months and have a signed agreement.  You may wish to confer with an experienced family lawyer to discuss the actual divorce process and what is necessary to proceed.  Lawyers charge by the hour, therefore, you need to discuss fees upfront to avoid any issues about the process.  Best of luck~... Read More

Yes, you can.  I don't see any reason why not.  However, if there is an outstanding warrant, you run the risk of being pick up if you don't turn yourself in.  This allows you to control the process and avoid the embarrassment of being arrested in a public place, at a time that you don't expect it.  Further, it is better to turn yourself in and bond out, at your convenience.  ... Read More

If the car is in your name, you have a right to go to the house, with the police to get the car.  If you have registration in your name, you can explain the situation to the police and ask if someone will go with you to get the car so you can surrender it to the dealer.  If his name is on the car or the registration, you may not be able to pursue this course of action.  Best of luck~... Read More

In the absence of a court order, there are no rules in place governing the terms and conditions of your custodial arrangement.  Further, if the court has not addressed these issues, you don't have any legal basis to seek enforcement.  Lawyers.com offers general information and not legal advice.  Therefore, in order to protect your rights and the interest of your children, I suggest that you consult with a lawyer in your areas to discuss this matter in greater detail and obtain advice on what is necessary to discuss options, including return of the children.  Lawyers charge by the hour for consultations, therefore, you should be in a position to discuss fees in advance of setting up a meeting, to avoid any misunderstandings.  Best of luck ~... Read More

I am sorry for your loss.  Unfortunately, in the absence of a will or some other indication of what was left for you and your family to divide, it is difficult, if not impossible, to answer your question.  For example, what did your grandmother own?  Did she own real estate? If so, where? Did she own stocks, bonds, bank accounts, cars, jewels, etc.,  If so, what if any knowledge do you have as to the location of the financial institutions that maintained her accounts?  How were the accounts titled at death? Were they jointly titled with any other person?  If so, was there a right of survivorships? The list of questions goes on and so forth, as to what she could have owned but there is no way of knowing for sure.  If your grandmother's property was jointly titled with her and other family members,  this creates other issues, which cannot be addressed in this forum.  I recommend that you contact a probate lawyer in your area to see if you can obtain more direction and guidance.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  It is not possible to fully address your concern with more details.  However, as a general rule, if there is an agreement--, in the absence of a court order incorporating the agreement into the order--- the agreement is enforceable as a contract.  The benefit of having a court order is that you have greater protections in the event there is a breach in the agreement.  If you have a signed agreement, I suggest that you take steps to reduce it to a court order, so you can fully protect your interest and that of your child. If you were never married, you will need to open a file with your local Juvenile & Domestic Relations Court.  If you were married, you may have the option of going through the Circuit Court.  Moreover, to avoid problems with future payments, I suggest that you contact the Division of Child Support Enforcement ("DCSE") in your area to discuss having (DCSE) collect your payments and disburse them to you each month.  Best of luck~... Read More

Unfortunately, it is not possible to answer your question, without first reviewing your agreement and the Final Order of Divorce. Lawyers.com offers general information and not legal advice.  You are seeking legal advice, which cannot be provided in this forum. When construing the terms of an agreement, every word matters and must be read consistent with the entire document. In order to properly protect your interest, it is suggested that you confer with an experienced family lawyer in your area to discuss your matter in greater detail. Please note that most lawyers charge by the hour and your initial consultation may be based on the lawyer's hourly rate. It is important that you discuss this matter in advance of your meeting to avoid any misunderstanding regarding fees. Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Legal advice is based on the facts in your case, as applied to the applicate law.  Your question cannot be answered in this forum without additional information.  As a general rule, a person with a legitimate interest in matters of custody/visitation has a right to petition the court for relief.  However, if both parents object to a third party having contact with their child, it is highly unlikely that a court will award visitation. Although you cannot stop her from filing, the evidence presented in court will determine whether a court will award visitation.  Best of luck~... Read More

Lawyers.com offers general information and not legal advice.  Therefore, if you want legal advice, you should consult with an experienced family lawyer in your area.  As a general matter, if parties are married, children born of that marriage are presumed to be the child of the parties.  This legal presumption stands until such time as it is rebutted.  If there is doubt regarding the paternity of a child born of the marriage, it is usually resolved by requesting a paternity or DNA test.  It may be in your best interest to first determined that you are not the biological father.  If you are not the father, you need to look at the available options and decide what is in the child's best interest.  What is your goal?  For example, if you want a legal relationship with the child, which gives you the right to make decisions, see the child, and spend time with the child, this can be accomplished through a custody order. If you want to adopt the child, you need to confer with an adoption lawyer to discuss the differences between custody and adoption. Adoption will terminate the legal rights of the birth father, thereby, making him a legal stranger to the child. Best of luck~  ... Read More

Lawyers.com offers general information and not legal advice.  Your question is very fact specific and seeks legal advice.  Your question cannot be answered in this forum because more facts and details are needed to properly advise you.  For example, is your spouse violent toward you or the child?  Has the police been called to your home? If so, how many times?  Has the offending spouse been arrested? If there is a history of violence, and your spouse's conduct places you or the child in danger of bodily injury, there are various remedies that may be available to remove the offending spouse from the home.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read More

Your question cannot be answered in this forum.  Lawyers.com offers general information, not legal advice.  Legal advice is based on the specific facts in your case, as applicable to the governing law.  If you are contemplating a divorce, I suggest that you arrange to meet with an experienced family lawyer in your area to discuss all of these issues in greater details. The question of whether you are entitled to child and or spousal support will depend on the facts in your case.  If you have shared custody or split custody, that will impact the support amount. If there are fault grounds that may impact spousal support. How much money is in the savings account? If there are 3 children, I cannot imagine any set of circumstances in which he would be relieved of his support obligations for three children by simply offering you the money in the savings account, unless we are looking at a sizeable savings account that is sufficient to support three children until they reach the age of majority.  In order to protect your interest, I suggest that you contact a family lawyer in your area.  You need to be prepared to pay the consultation fee, which is usually calculated based on a lawyer's hourly rate. Make sure you work out the payment details in advance to void any misunderstandings.  Best of luck~... Read More

Your question cannot be answered in this forum.  Lawyers.com offers general information and not legal advice.  Legal advice is based upon the specific facts in your case, as applied to the applicable law governing the issues at hand. I strongly suggest that the mother of the child contact a lawyer, ASAP, to discuss this matter in greater details.  Lawyers charge by the hours; therefore, she needs to verify the cost of the consultation before setting up an appointment.   Best of luck~... Read More

The house is legally his since you are not on the deed, however, from what you have described, it appears you may have a financial interest in the home, and might be awarded a portion of the equity in a divorce.  If you are unable to support yourself financially if you move out, and you file for a divorce,  you would be able to ask the court for spousal support.  Please discuss the particulars of your situation with an attorney for more detailed advice.... Read More

If you and the children have lived in Texas for a period in excess of 6 months, this may raise questions under the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act) and you may have to initiate the case in Texas. :((((  Your question cannot be answered in this forum. Lawyers.com offers general information and not legal advice.  I suggest that you contact a family lawyer in Texas to discuss this matter in greater details. Best of luck~  ... Read More

Lawyers.com offers general information and not legal advice.  The facts in your case are rather complex and you need to schedule an in-office consultation with an experienced family lawyer in your area to discuss your case in greater details. Virginia judges make custody and visitation decisions based on the best interest of the child.  The court will review the statute and apply the applicable facts in your case in order to make a decision.  There is no way to know in advance what the court is likely to do in any case, since the facts in all cases will vary. However, by meeting with an experienced family lawyer, you will have an opportunity to discuss all details and receive legal advice based on the fact in your particular case.  Please note that lawyers charge by the hour, therefore, you need to discuss all consultation fees before scheduling a meeting.  Best of luck~... Read More

Unfortunately, your question cannot be answered in this forum. Lawyers.com offers general information and not legal advice.  Legal advice is based on the specific facts in a case, as applied to the existing law. Moving out is a serious matter, which could have dire consequences.  However, there are exceptions, which the court may recognize as a legal justification for ending the marriage.  It is recommended that you confer with an experienced family lawyer before making a move to make sure your rights are protected.  Most lawyers charge by the hour for office consultations.  Therefore, you need to verify the fees before making an appointment. Best of luck~... Read More

Anita, lawyers.com offers general information and 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, what are the facts and circumstances surrounding the sperm donor's participation in the process?  Did he sign a contract setting forth the circumstances under which he was contributing the sperm? If he did not, as you say, sign away his rights, does he pay child support? Are you and your wife contemplating a divorce? If so, are you seeking custody?  There are too many questions that remain outstanding.  I encourage you to set up an initial consultation with a family lawyer to address each of your concerns. Lawyers charge by the hour, therefore, be prepared to pay for the initial consultation. Best of luck to you and your family~ ... Read More

By definition, a Power of Attorney is a legal instrument, which authorizes one to act on behalf of another.  The terms of the POA will set forth the terms and conditions of your authority to act. These documents are usually prepared in anticipation of one being unable to act in his or her interest.  If your Mother's POA sets forth the circumstances under which you are authorized to act, I would suggest escalating the issue to a manager or supervisor, noting your mother's years of faithful service, payment history, etc.   I would highlight the absurdity of the company request in view of your Mother's current mental state.  If your Mother has "dementia," I think it rather unreasonable for them to request that you have her sign and notarize a document in her current state. Perhaps, you may wish to consider contacting a local television station that brings attention to consumer affairs.  Without any knowledge of the terms of the POA, your questions cannot be answered in this forum. Lawyer.com offers general information and not legal advice.   I suggest that you confer with a lawyer in your area to discuss this matter in greater details.  Best of luck... Read More

Your question cannot be answered in this forum.  This site offers general information and not legal advice or price information. Lawyers charge by the hour.  Therefore, the price of a name change will vary depending upon the amount of information that needs to be reviewed, reasons for the name change, whether you are able to meet all of the statutory requirements, etc.  I suggest that you confer with an attorney to discuss this matter in greater details. Best of luck~... Read More

Your question cannot be answered in this forum.  Lawyer.com offers general information and not legal advice. Due to the complexity of the facts presented, I suggest that you confer with a family lawyer to discuss your case in greater details. Make sure you bring with you to the meeting a copy of all court orders, which set forth the terms of custody and visitation.  The order will define what is permissible and whether the stepmother can take steps to limit your relationship with the child.  Most lawyers charge by the hour and consultation are billed at a lawyer's hourly rate.  Therefore, unless you find a lawyer who is willing to offer a free or reduce consultation (military, elderly, disabled), you need to be prepared to pay for the initial consult.  Best of luck~... Read More