Questions answered by Michael Christopher Miller

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Do issues like drinking and poor health matter in determinig child custody?

Michael's answer | Answered on July 17, 2012

Matters of custody are decided on the best interests of the child as defined by Va. Code 20-124.3. Factor 2 is "The age and physical and mental...

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Can my ex ask court to make ex move back to Virginia if he previously agreed to it?

Michael's answer | Answered on July 12, 2012

Adults can live wherever they want. So, the court cannot order the mother to return to Virginia to live with the children. The father would have...

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After over 40 year marriage my wife just up and left ! came home from work she & our 5 year old son gone, took very little with

Michael's answer | Answered on July 11, 2012

If she were to file for divorce, she could seek temporary relief pursuant to Va. Code 20-103. A provision of Va. Code 20-103 allows for the court...

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Am I entitled to my husbands retirement benefits as an active duty reservists?

Michael's answer | Answered on July 06, 2012

You are not "entitled" in the sense that you have a statutory right or interest in the military retired pay as there may be in other retirement...

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In the state of Virginia, once a child turns 18 can he/she decide with which parent they want to live?

Michael's answer | Answered on July 06, 2012

At age 18, your son is an adult and no longer subject to custody or visitation orders. He can live where he chooses.

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Can a child change his/her last name when he/she reaches the age of 18 in Virginia without either parent becoming involved?

Michael's answer | Answered on July 06, 2012

At 18, one is an adult and can do adult things without parental permission. If he wants to change his name, he can so long as he complies with the...

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What am I entitled to from my spouse if we file for divorce and my name is not on the house?

Michael's answer | Answered on July 05, 2012

If by separation papers you mean a separation agreement that addressed property division, support, custody, visitation, etc., then you are entitled...

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Can I change the percent of Survivor Benefits paid to an ex-spouse in the event of my death?

Michael's answer | Answered on July 05, 2012

Upon your death, your ex-wife would get 55% of your full retired pay, i.e., her payment increases from 22% to 55%. There can only be one SBP...

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Can my ex wife move out of the area and change the custody and visitation without my consent?

Michael's answer | Answered on July 05, 2012

She is free to move wherever she wants. The children may move however the two of you agree. If you can't agree, then a court will decide. If...

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What kind of custody should we seek?

Michael's answer | Answered on July 05, 2012

Sole custody is easy to enforce. One parent gets to do everything to the exclusion of the other parent. Enforcement is not an issue. Under the...

Michael Christopher Miller's Answers (1474)

Do issues like drinking and poor health matter in determinig child custody?

Can my ex ask court to make ex move back to Virginia if he previously agreed to it?

After over 40 year marriage my wife just up and left ! came home from work she & our 5 year old son gone, took very little with

Am I entitled to my husbands retirement benefits as an active duty reservists?

In the state of Virginia, once a child turns 18 can he/she decide with which parent they want to live?

Can a child change his/her last name when he/she reaches the age of 18 in Virginia without either parent becoming involved?

What am I entitled to from my spouse if we file for divorce and my name is not on the house?

Can I change the percent of Survivor Benefits paid to an ex-spouse in the event of my death?

Can my ex wife move out of the area and change the custody and visitation without my consent?

What kind of custody should we seek?