I’ve had custody of my nephew by marriage for four years. Now his mom wants him back. Is a judge likely to award her custody?:
My nephew by marriage was placed in my care through CPS four years ago because his mom admitted to smoking meth while he was in the home. He was seven months old. I was awarded sole legal and physical custody when she went to jail several months later. My husband and I have always been supportive of her and encouraged her to get him back until recently.
A few months ago, she took off with him while we let her have a weekend visit. They were five hours away and she wouldn’t answer my calls. I had to call the cops to get him back. We didn’t press charges, but they were on the verge of issuing an amber alert. When she brought him home we gave her a drug test. She failed for meth. So we ended all contact with her. She has a history of drug addiction, erratic behavior and probation violation.
Now, 3 months later, she showed up saying she was taking him, that she is clean, has an apartment, and job. I called the police and they told her she would have to file for custody. She said she is going to do so in two days.
We’ve had him for four years and she’s never actually tried to get him back, just talk about it. I don’t believe she is clean but she may be able to pass a drug test.
Sonja’s answer: Thank you for selecting me to answer this question. Unfortunately, that answer constitutes legal advice and I cannot provide more than basic information -- unrelated to any specific case -- in this forum. I suggest you contact an attorney in your area who has handled highly contested custody cases before. If you cannot find an attorney, try contacting the Virginia State Bar's referral service. Good luck to you and your family.
Do I have a valid Fiduciary Misconduct Claim?:
Fiduciary Misconduct Claim in Northern Virginia
Husband and I established a living trust in 2004. Husband has fraudulently refinanced all of the real estate in the trust without my knowing, and listed false info on the loan applications like each one will be "his primary residence" to get a lower interest rate vs. investment rate. He also had me co-sign a HELOC on a property in the trust in order to purchase another home in 2005, but went to settlement without me and only put his name on the Title and claims I have no interest in that property.
We are currently in divorce process, and he is once again refinancing the properties without my approval. Is this misconduct? Can this also be a “False Claims Act/Qui tam” lawsuit?
Sonja’s answer: If you have not already contacted an attorney who specializes in divorce, you should do so immediately. You may be able to obtain a temporary order preventing your husband from taking further actions that affect your property, and you may also be able to obtain an order that imposes a constructive trust on him. The issues you describe are complex, and will require careful consideration with someone who is experienced in division of assets in a divorce.
How do I change the employer information on child support that is garnished?: I have a court order for support and the wages are garnished and sent to me, the father has switched jobs, how can I get the garnishment order sent to his new job, so he does not continue to fall behind and face jail time? He lives in another state, but the order is issued here.
Sonja’s answer: You will need to formally amend the court order by petitioning the court that issued the original income deduction order (sometimes called a wage withholding order). Then you will need to coordinate with the sheriff's office for service out-of-state. In the alternative, you may wish to open up a case with the Division of Child Support Enforcement (DCSE); they are familiar with these logistics and handle matters like this with regularity.