Sonja N Aoun’s Answers

Sonja N Aoun

Fairfax Family Law Attorney.

Contributor Level 11
  1. Can the non-custodial parent take the child out of state during visitation? New York Law

    Answered 6 months ago.

    1. Sonja N Aoun
    2. Deborah Ann Johnson Wilson
    3. Kevin Reese Pettrey
    3 lawyer answers

    If the order is from a New York court, you'll need an attorney licensed in New York to answer your question, even if you live in Virginia. If the order is from a Virginia court, the word "residence" will probably be construed to mean that the child shouldn't be too far from home during the visitation. The answer to your question depends on how exactly the order is phrased. If your previous attorney isn't available to answer the question for you, you should make an appointment with an...

    6 lawyers agreed with this answer

  2. Do i have to give consent at a paternity test?

    Answered 6 months ago.

    1. Sonja N Aoun
    2. Susan Leslie Fraser
    3. David Paul Morgan
    3 lawyer answers

    Even if you do not list the father on the birth certificate, he still has the right to petition a court for a paternity test. Men who believe they are fathers-to-be sometimes also register as putative fathers on a state registry (https://www.dss.virginia.gov/family/ap/putative_fatherhood.cgi) so simply leaving his name off the birth certificate doesn't guarantee that a court won't consider his rights to the child. I strongly recommend that you consult with an experienced family law (or...

    5 lawyers agreed with this answer

  3. Can a divorced ex husband with no coustody take 2 kids overseas ??? as well claim them in his taxes ??? he's a dead beat dad

    Answered 4 months ago.

    1. Sonja N Aoun
    2. Deborah Ann Johnson Wilson
    3. Lorrie Ann Sinclair
    3 lawyer answers

    The U.S. State Department is the best place to turn for answers about the overseas travel. If the children already have a U.S. passport (or a valid passport issued by another country), it's certainly possible for the father to take the children on a trip. If you'd like to take steps to prevent this, you'll want to address it with the U.S. State Department and the court with jurisdiction over the children. If there is no passport issued yet, it should be easier to prevent him from traveling...

    4 lawyers agreed with this answer

  4. Can my husband stop me from taking our child out of state?

    Answered 5 months ago.

    1. Sonja N Aoun
    2. Deborah Ann Johnson Wilson
    2 lawyer answers

    You should definitely consult with an attorney before you make your travel plans. You may want to consider filing something in the UK so that there is a pending action before doing anything and help establish jurisdiction over your son. A UK attorney can advise you about whether that's your best option. If you are in the US, and your husband has filed something in a court here already, it's possible that he could obtain an injunction to prevent you from leaving with your son. That could...

    3 lawyers agreed with this answer

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  5. Is there a precedent for stopping alimony payments if they are causing a hardship to the payee and the recipient is wealthy?

    Answered over 4 years ago.

    1. Sonja N Aoun
    2. Mary G. Commander
    2 lawyer answers

    The possibility of reducing or eliminating spousal support depends in part on what the contract or court order between your husband and his ex-wife states. Some contracts are subject to modification, if there has been a material change in circumstances. Other contracts are written in a way that eliminates this possibility. Your husband should bring the contract and any court order incorporating it (such as the final decree of divorce) to an attorney for review.

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  6. Bringing children around the other woman.

    Answered 5 months ago.

    1. Sonja N Aoun
    2. Deborah Ann Johnson Wilson
    2 lawyer answers

    A parent's decision-making is always open to scrutiny in a courtroom. Most judges consider it a bad idea to introduce new romantic partners to children too quickly, so I would expect it would play some role. The factors the court considers are listed in Va. Code 20-124.3 (see link below). You won't find this particular issue listed as a factor, but it could be considered under the "catchall" provisions in the statute. Just how bad it makes your ex look will probably depend in part on the...

    3 lawyers agreed with this answer

  7. Does having sole physical custody improve my chances of relocating out of state with my child?

    Answered 5 months ago.

    1. Sonja N Aoun
    2. David Paul Morgan
    2 lawyer answers

    The real question is whether the move will serve the best interests of the child. The relocation should -- without considering whether it is better for you -- be better for your child. The Court will also want to see your plan for assuring close and continued contact with the child's father. The age of your child, whether he or she has any special needs, is thriving in school, and a host of other factors are important considerations. If you haven't already done so, you should contact an...

    3 lawyers agreed with this answer

  8. I have primary custody of my 11 year old is autistic Is it false imprisonment for my ex to make her go out of town?

    Answered 5 months ago.

    1. David Paul Morgan
    2. Sonja N Aoun
    2 lawyer answers

    You should meet with a custody attorney in your area to discuss these concerns. 11 years old is usually too young for children to start voicing objections to specific visitation or travel plans. However, if a therapist has counseled a parent against bringing your daughter somewhere, that might be evidence a judge will hear. In almost every case a court will rule that parents should know where their children are so if you don't already have some kind of order that requires advance notice of...

    2 lawyers agreed with this answer

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  9. Is a responsible father allowed 50/50 custody with his children?

    Answered 4 months ago.

    1. Sonja N Aoun
    2. Kevin Reese Pettrey
    2 lawyer answers

    Courts don't usually order 50/50 time splits with the children, but if you and your spouse can agree to that and you have that agreement incorporated into a written order, they will enforce it. This type of issue is usually best addressed in mediation. Courts often have a list of mediators, or you can ask a reputable family law attorney in your area for a few suggestions. The key is to address this before the final divorce is entered. After that, to change things without agreement, you'll...

    2 lawyers agreed with this answer

  10. How can I rush a child custody petition if violence is no involved?

    Answered 5 months ago.

    1. Thomas Bryan Dance
    2. Sonja N Aoun
    3. Deborah Ann Johnson Wilson
    3 lawyer answers

    This is definitely a matter that requires you to meet with an attorney in your area -- the sooner the better. If there is any indication that your ex may take your child out of Virginia, you may be able to file something to prevent him from relocating with your child. Even in busy court systems, this is the type of matter that tends to get moved along the docket more quickly. It will almost always be easier to act now, rather than after the move to Kentucky. I suggest you set up an...

    2 lawyers agreed with this answer