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Kellam Thomas Parks
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Kellam Parks’s Answers

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  • Can a creditor list my husband's medical bills/collections on my credit report?

    My husband and I are residents of the 'Commonwealth of Virginia.' I added him to my insurance policy after his employer (a small biz owner) dropped his group insurance. My husband incurred substantial co-pay/fees after a visit to the dentist. The ...

    Kellam’s Answer

    The previous poster is correct - The Fair Credit Reporting Act has very specific guidelines as to what can be reported, on whose report, and for how long (among other things). The collection agency has no liability to you personally until you dispute the reporting to the credit reporting agencies that are reporting the information (which may not be all three of the major players). There are a handful of attorneys that handle these matters and I recommend you contact one of us to discuss further and guide you in disputing the proper way (as if it is not fixed, your remedy is to sue in federal court for relief).

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  • How do I deal with verizon and wrongful billing that is destroying my credit score?

    Verizon sent me a bill that was wrong and refused to fix it, I even have supporting evidence. They stopped answering the BBB complaint and have taken it to collections which has ruined my credit. They are unprofessional and rude. This is also the ...

    Kellam’s Answer

    You need to dispute the reporting on your credit report(s). If Verizon fails to fix it after you have properly disputed it with the credit reporting agencies, then you will have remedies under the Fair Credit Reporting Act ("FCRA"). It is a two-step process, first the dispute, then a lawsuit if necessary. The FCRA is complicated, but has numerous remedies for violations. I recommend you contact an attorney well-versed with the FCRA to assist with the disputes, as well as any lawsuit if not corrected.

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  • Spousal support hearing

    I have been summoned to court for a spousal support hearing next month. My husband has stated that he will have multiple witnesses present to testify on his behalf. Is this a common occurrence or is he just trying to intimidate me? Can someone pl...

    Kellam’s Answer

    It is not clear what kind of hearing you are having (Juvenile Court Spousal hearing, support hearing during a divorce, post-divorce modification, etc.); however, your instincts to hire counsel are good to ensure you are best prepared and protected. There are different procedures/laws dealing with all three scenarios (and others if exist).

    Depending on the nature of the hearing and the specific facts of your case, you may want to subpoena documents, witnesses, or issue discovery and if the hearing is next month, time is running out. You should seek experienced counsel in the Tidewater area to review your case.

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  • Married 15 years to husband. What am I entitled to in divorce. Do I get a portion of his savings or any money's.

    Do I get part of 401k or part of money from cashed in life insurance policy . Is there anything I'm entitled to. I am tired of the mental abuse.

    Kellam’s Answer

    Generally all property obtained during the marriage is classified as "marital", meaning that you would be entitled to a portion of same. A 401k or cash remaining from a life insurance policy would normally fall within those areas.

    Divorces can quickly get complicated and the laws related to classification and division of property aren't the easiest to navigate without assistance. You also have to consider debts, spousal support, and other issues. I recommend you seek legal counsel in the Tidewater area to discuss your particular situation, as every case is different.

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  • Do I have to continue paying for medical insurance for my wife? (soon to be ex)

    My wife and I are separated (not legal yet) and she has filed papers for complaint for divorce with the local circuit court. We have 3 children that I am definitely keeping on my insurance, but since she had 2 affairs already, I don't want to con...

    Kellam’s Answer

    I recommend you hire counsel, especially as your wife has already filed a divorce complaint. There is no "formal" separation through the courts in Virginia - legal separation is defined as when the married parties are living separate and apart with at least one of them having the intention for that to be permanent. You have 21 days from being served with the Complaint to file an answer and you can also file a Counterclaim with your own grounds (such as the adultery you allege she's committed). You can also then be able to address all the other issues, such as custody, visitation, child support, insurance costs, etc. It can get very complicated, very quickly.

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  • Motion to amend and who has Jurisdiction

    My daughter has been residing in NJ for about 10 months now. Custody was establish here in VA. His financial situation has changed and living situation has changed as well and its not for the good either. I want to amend the custody. Who has juris...

    Kellam’s Answer

    If I understand the factual scenario, the last court order was custody in Virginia, you still live in Virginia, but the child and her father lives in New Jersey (she's been there for about 10 months). If this is all accurate, then Virginia still has jurisdiction under the UCCJEA (Uniform Child Custody and Jurisdiction Enforcement Act). The father could ask that the case be moved to New Jersey claiming that Virginia is an convenient forum and (assuming New Jersey is similar to Virginia), the child has lived there for 6 months or more; however, that would normally be a short time to ask for such a change (usually happens after a longer period has elapsed since the child left the original state).

    I recommend you hire counsel to review the situation more closely, as each case is factually specific and you may end up fighting over jurisdiction in addition to the custody petition (which you'll need to show a material chance of circumstances first and then that the best interests of your daughter is to change the existing order).

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  • If I have sole physical custody of my daughter and she hasn't seen her father in over 2 years can I move her out of state?

    When calling her father to give him notice, he gets furious and says I cannot take her out of state. He is no part of her life so I do not see why it matters to him What do I have to do

    Kellam’s Answer

    Assuming you have a Virginia order giving you custody, all that the law usually requires (absent something contrary in the Order or some accompanying document such as a Separation Agreement incorporated into the Order), is that you give 30-days' written notice to the Court and to the father that you are moving and provide intended address. Your Order should have that language in it. If the father objects, he can file in Court to change custody or visitation to address and then it will be your burden to show it is in the child's best interest for the relocation. Relocation cases can be complicated and I advise seeking counsel given father's verbal objections which may signal impending litigation.

    Law Office of Kellam T. Parks, PLLC
    4164 Virginia Beach Blvd., Suite 204
    Virginia Beach, VA 23452
    (757) 453-7744

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  • Can my 9 year old son choose who he would like to stay with?

    his father is in the military will the courts most likely select him for custody because of his income.

    Kellam’s Answer

    Although one of the 10 factors the Court considers when determining custody and visitation is the preference of the child, the age and mental capability of the child is considered in that analysis and while there is no set age at which a child's preference automatically kicks in, 9 would normally be too young. That being said, every case requires an analysis of the totality of circumstances and just because his father makes more money doesn't mean that he'll get custody - this isn't usually the factor the court turns on at all. The factors can be found here: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-124.3

    I recommend you seek legal counsel from an experienced family law attorney in the Tidewater area to review the specifics of your case and help you moving forward.

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  • How do I take custody of my 17 yearold brother?

    my brother has been kicked out by our father and our mother lives in another state. He currently lives with my husband and I. we are moving in a month because we are military and my father has agreed to sign over custody. what do I do?

    Kellam’s Answer

    The last poster is correct - you have several issues at play, from jurisdiction to establishing an order or modifying one if one exists. I second the recommendation to contact an experienced family law attorney in the Tidewater, Virginia area (as most of us go to the surrounding seven cities regularly) to discuss the specifics of the situation to ensure you are on the right track.

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  • How do I file for joint custody?

    I live in Roswell, GA. My son stays with his mom in Chesapeake, VA. I haven't seen my son in 2 years because when I come to visit, he is either out of the country with family or in another location i.e. New York. I call but she doesn't answer nor ...

    Kellam’s Answer

    If the last order is in Chesapeake, you file your requests for custody (and visitation) in Chesapeake (most likely the Juvenile Domestic Relations Court unless it was out of a divorce and the Circuit Court kept it for some unusual reason). If it is a Virginia order out of another city and the child has lived in Chesapeake for more than six months, you can transfer the case to Chesapeake. If the order is from another state, it would depend on if Georgia or somewhere else - you'd need to review to ensure you comply with the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA). As to your chances of prevailing, that would require a detailed review of all of the facts to give you an informed answer. Virginia doesn't directly relate child support with custody/visitation, so an arrears doesn't preclude you from moving forward.

    I recommend you consult with counsel in the Tidewater, Virginia area (any of the surrounding cities of Chesapeake would be fine, as we all go to the seven cities surrounding this area).

    Law Office of Kellam T. Parks, PLLC
    4164 Virginia Beach Blvd., Suite 204
    Virginia Beach, VA 23452
    (757) 453-7744

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