Gary D. Godman

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348 Questions Answered

Q. Q: I live in Va and will be getting married in Las Vegas soon. Will my income still be part of my fiancé child support?: 3 January 2018; A: Virginia does not include a new spouse's income in child support calculations. If the order is from another state, the answer may be different.

Q. custodial father moved without notifying court or mother and says mother abandoned child, is father in contempt?: 3 January 2018; A: Impossible to say without knowing if there is a current court order in effect and what it might say. Have an attorney review the order and give you possible options.

Q. The 11 yo child I am supporting was born in VA, I lived in PA. Child is not mine after 11 yrs what can I do?: 3 January 2018; A: If a father finds out he is not, in fact, the father, in Virginia he can file a motion to disestablish paternity, which can allow for a DNA test. Unfortunately, there is not much to be done about the money that is already paid. That is why if you believe you aren't the father, you should file something quickly. You would be well served to speak with a family law attorney local to the area where the child lives.

Q. Need Info On a Petition/Custody. Was Not Informed About Thing.. What type of Edvidence Do I Need To Bring?: 3 January 2018; A: I can't say what type of documents you might need as each case is different and depends on the facts surrounding the children. You can review the broad factors the judge considers in any Virginia custody hearing here: https://law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.3/ You would be best served to speak with a family law attorney local to Richmond, as it is always difficult to fight a case from out-of-state.

Q. Sentenced to driving school in va for #2 ticket, had #1 in TN. Got #3 after court sen. and before class. Can still take?: 3 January 2018; A: You can probably still take the class, but one of the requirements to having the court reduce/dismiss the charge is that you obtain no new tickets for a certain amount of time after you are sent to driving school. Call or meet with a traffic attorney, if you don't already have one, to review the paperwork from ticket #2, and plan to go to driving school anyway.

Q. Hi For ignorance I signed my ex the sole custody and then now she removed my surname from my daughter at the oddest cou: 3 January 2018; A: Unfortunately, it's impossible to give a general online answer to what is clearly a complicated issue that has already been heard in court. You need to take as much paperwork as possible to a local family law attorney to see what, if anything, can be salvaged at this point.

Q. Do you have to stop for a bus on a divided highway that had a break for an intersection in Virginia?: 3 January 2018; A: I think it depends on the size of the break, and what type of intersection - major crossing street, or simple turnoff into a neighborhood. If you've been charged under these circumstances, it would be worth consulting with a traffic attorney in your area to look a little closer at the law as applied to your specific facts. There are many good traffic attorneys in the Midlothian/Richmond area.

Q. Two year protective order against spouse showing signs of dementia. He is contacting me via text. He needa help not jail: 3 January 2018; A: Without knowing all the details, it appears there is not much you can do. It is unfortunately up to him to decide to get treatment. If you don't want to drop the protective order, you shouldn't. Perhaps you or your children should research mental health options in your area to see if there is a program that may be helpful.

Q. How old does a child have to be to make a decision of his own on who. He wants to live with mother or father: 26 October 2017; A: The rule of thumb is that the court starts to consider the child's opinion around age 12. However, the child's preference is only one of many factors the court takes into consideration. In other words, just because the child wants something doesn't mean the court is going to do that.

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Williams Stone Carpenter Buczek, PC

1303 Courthouse Road

Stafford, VA 22554
USA

Telephone: (540) 657-0111

Fax: (540) 657-0444