with a written notice and dates and way to get in contact with the kids... also only 4 hours away
If there is no Custody order in place then the Father and Mother have equal rights and privileges to travel with the child. The problems arise when the parties disagree that is why working this out in advance is wise.See question
I was recently awarded sole physical and legal custody of my daughter. My current child support obligation is null since I am now the custodial parent. My problem is a $11,000 arrearage that is still being collected by my local DCSE. I have tried ...
Well, there are a couple issues in your situation. Child support does not automatically terminate when you are awarded custody. So my first question is whether you filed to terminate your previous child support order and more importantly change the order to award you child support. Next, the arrearage issue. This amount will survive until it is paid and DCSE will collect it from you as long as their is an open case. I can also understand your difficulty in dealing with DCSE, there is an unfortunate bais against fathers. Therefore, I believe your solution would be to file directly with the Court to modify the existing child support order. Since you would be awarded something per month with would assist you in paying down the past due amount you owe her. With regard to "under-reporting" income, this is always a key concern in child support cases. You need to have your attorney issue discovery to request paystubs, tax returns, bank account information to attempt to assess her income. Therefore I would strongly recommend hiring counsel to assist you.See question
Trying to stop my ex from moving from Virginia to California with my 10 year old daughter. Can make substantial monthly payments.
Relocation case can be difficult on both parents. The parent relocating must show that the move itself has some independent benefit to the child, not just to the parent. In addition, if there is an existing visitation order in place the relocating parent will have to address how the move is going to affect your contact with the child. Therefore, I would advise to consult with an attorney to assist you in addressing your concerns and see what options you may have.See question
My girlfriend just got arrested right before the holidays for a probation violation that is mostly just a huge mistake. The court hasn't appointed her an attorney yet and we are trying to get her bond hearing as soon as possible so that she can po...
There is no special rule that probation violations do not get bond. However, if you are facing allegations of not following the Court's requirements under probation, it can be a difficult argument to make for bond. Every case is unique and I would advise you to consult with an attorney to discuss the particulars of her case and to consider their assistance.See question
Went to court for modification, he said as we left court he lied instead of making 11 an hour he makes 27.....what can I do???
If you disagree with the outcome, you may have certain appeal rights. I am not sure of the details of your hearing but if you were in the juvenile & domestic relations court, then you would have 10 days from that hearing to file an appeal to the Circuit Court. In addition, you should consider hiring an attorney to look into the possibility of issuing discovery to attempt to uncover his actual income.See question
My wife is filing for divorce. She is employed and I am unemployed. She bought a house last year that we live in with our son. My name isn't on the paperwork. I also have background issues.
Any time I hear "background issues," I tend to get worried. You probably need to sit down and discuss what these are. Setting that aside, I can tell you that she cannot kick you out of the house. Based on her working and you are not, you might actually get some spousal support from her. Also if she is working full-time, you may very well be the primary custodial parent, so when SHE is asked to leave the property, you may get child support too. But again the "background" issue really concern me, we would really need to sit down and discuss your options.See question
We have been separated since February. She did something that I can't forgive. Not adultery. That would be easier to handle. It's not a legal separation. Now she has been admitted to the hospital by the police for a mental evaluation. What should ...
Well, it sounds like you might be legally separated if you have been truly living separate and apart. In VA, you need to be separate and apart for one year. There are exceptions to that if there are no minor children and you have a written separation agreement; however, with her in a mental hospital, I doubt you will be able to acquire a valid separation agreement. So where do you go from here? I suggest meeting with a local divorce attorney and discuss your plans for February. Should she be still hospitalized or determined to suffer some mental disability, the Court may have to appoint a guardian to represent her, which is more cost to you. Yes, you have to pay for her attorney. That is why I hope for you sake, she is not under some sort of disability. Maybe over the next few months she can be rehabilitated enough that you could work out a separation agreement and ultimately an uncontested divorce; but this will require the assistance of an attorney to help you through the process.See question
When I got pregnant I was living in New York with my baby father once he found out I was pregnant he wanted me to get an abortion I didn't get an abortion so he kicked me out I moved back to Virginia with my mother and now he wants me to send my 6...
If you have been living in Virginia with your son for the past six months, I suggest filing for custody here in Virginia. That way you will have an order clearly stating that you have custody and forcing him to come here to request visitation. In addition, I would suggest doing this prior to allowing your child to go to New York because right now without an order in place, he could easily keep your son so he could file up there.See question
My spouse filed for divorce back in April 2014 and I was served but since then nothing has happened in the case. We did go to JDR court for spousal but she was denied based off we had a separation agreement in place and I'm only ordered to provide...
You are correct that you can schedule a hearing with the assistance of an attorney. I am concerned that you mentioned that you were served but you do not mention that you filed an answer. You must file a timely answer to protect your interests. Now with regard to the hearing, while any party may request a continuance, she has to present a valid reason for the continuance. At some point you are going to have to do something. Please consider meeting with an attorney to move your case along.See question
What legal rights does my friend have to get help because his wife is trying to ask for more money but is only prolonging the divorce because she doesn't want to lose his military benefits. Also she refuses to sign or agree to any terms which make...
I think your friend needs to consult with an attorney. From what it sounds like, no one has yet filed for divorce. They are negotiating the an attempt at settlement. So I think your friend needs to consult with an attorney to see what both parties would be entitled to. If the wife is truly being stubborn and refusing to negotiate then, he may have to see if he qualifies for divorce now or what is options are. If he qualifies for the divorce now, he may just have to file and have the Court rule on those issues.See question