Matthew Howard Smith’s Answers

Matthew Howard Smith

Fairfax Family Law Attorney.

Contributor Level 3
  1. What are my chances of getting custody after judge granted 50/50, I recently moved back w/ dad, now he wants me to leave again.

    Answered 12 months ago.

    1. Matthew Howard Smith
    2. Kevin Reese Pettrey
    2 lawyer answers

    I'm sorry to hear that you're in a tough situation. Oftentimes, it's challenging to seek a custody modification so recently after a previous judgment. In order to do so, you'll need to be able to demonstrate that there's been a "material change in circumstances affecting the best interests of the children." This change could be a pending change in living arrangements, or other unexpected developments affecting what's best for the kids. Please consult a local attorney to assist you.

    2 lawyers agreed with this answer

  2. Hi my husband has closed our joint checking account out, and I have no access to money unless I ask. Can I file for abandonment

    Answered 12 months ago.

    1. Sarah Carr D'Amato
    2. Pearlette Vivian Toussant
    3. Robert J Adams Jr.
    4. Matthew Howard Smith
    4 lawyer answers

    First of all, I'm sorry to hear that's happened to you. I would advise you to contact an attorney who can file a preliminary motion to free up some of those funds for your use. Other benefits of filing a preliminary motion can include temporary child support, spousal support, exclusive use of the marital home and perhaps assistance with your attorney's fees to help you to have the same resources as your husband for a fight that may be coming down the road. Best of luck.

    1 lawyer agreed with this answer

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