Legal Question in Family Law in Arizona
My legal residence is in Arizona with my mother. I went to Virginia to live with my father and step-mother, and after three weeks of being in Virginia, they filed papers with the court trying to get custody of my daughter, claiming I am an unfit mother. There was also an order for my daughter not to leave the state of Virginia until the matter was resolved. However, out of fear of losing her, I immediately returned to Arizona. The court documents I received had my address/residence listed as being in Virginia, which in untrue. Can they legally do this even though I do not reside in Virginia and never have? And how can they say I am an unfit mother after three weeks of visiting them? This just doesn't seem right. And in the mean time, I missed my next scheduled court date in Virginia and most likely am now in contempt. Is there anything I can do at this point?
1 Answer from Attorneys
You really need to hire a Virginia attorney to file a Motion to Dismiss for lack of jurisdiction under the UCCJEA. Having your child in the state boundaries for 3 weeks should not give that state the right to hear custody matters. If you choose to NOT hire a VA attorney, I could at least assist you in drafting your own Motion to Dismiss. Call me if you would like to discuss my fees for doing so.
Unless they sue you in Arizona, there is not much more I can offer.
If Arizona gets involved, please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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