Archived
How old do a child have to be in the Commonwealth of Virginia to tell the Judge which person they want to live with?
Michael's answer
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Answered on July 25, 2019
Custody matters are determined by the factors at Va. Code § 20-124.3. Best interests of the child; visitation.
There are 10 factors total....
How are marital assets defined in Virginia? Are wardrobe and jewelry acquired during the marriage fair game?
Michael's answer
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Answered on July 24, 2019
See Va. Code § 20-107.3.
1. Separate property is (i) all property, real and personal, acquired by either party before the marriage; (ii) all...
Archived
Can my daughter decide to live with her dad once she is 18 even if she is still in high school and we have a signed contract?
Michael's answer
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Answered on July 24, 2019
An 18 year old is an adult. They can choose as they please, and live with the consequences.
Any custody order expires when the child turns 18,...
Archived
Do I still have to pay child support if my child is over 18, failed to graduate, and is not attending school but enrolled?
Michael's answer
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Answered on July 23, 2019
§ 20-124.2(C)"The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school...
Archived
Can I move out of state?
Michael's answer
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Answered on July 22, 2019
If you have a custody order awarding you primary physical custody, there is a provision in the order pursuant to Va. Code 20-124.5 that says you...
Archived
What do I need to do? My daughter will still be in high school at the age of 18. How can I continue to receive my child support
Michael's answer
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Answered on July 22, 2019
Va. Code § 20-124.2
"C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order...
Archived
If the father wants to relinquish his rights to our child and let my husband take custody do we need a lawyer
Michael's answer
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Answered on July 22, 2019
You can do a step-parent adoption with a petition, consent, and order.
Some courts offer a forms packet.
Archived
How do I get a court order so that I can add my son as a dependent to my health insurance?
Michael's answer
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Answered on July 16, 2019
If this is an initial determination of child support, you will need to go to the court where the payor lives.
You could file in Va., but Va....
If I got married in Florida but I live in Virginia could I file for divorce in Florida while I was down on vacation
?
Michael's answer
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Answered on July 11, 2019
Most states require that one of the parties to a divorce be a bona fide resident and domiciliary for the period six months before filing.
If ...
Archived
Can my husband sell the house if I'm not named in the deed, and I am still living in it with my kids?
Michael's answer
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Answered on July 10, 2019
If you were to file for divorce, you could seek relief under Va. Code 20-103, "(vi) for the exclusive use and possession of the family residence...
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