Legal Question in Family Law in Virginia

Background: My husband went to a TANF hearing last year for owed support (at this time he was incarcerated) at that hearing the daughters Mother was present (not a child support case) and was allowed to speak. The judge (who handled an assault case a few years ago for my husband and found him guilty) ordered my Husband to make a payment before Jan 2015, and if he did not, she would hold him contempt of the court. These payment would be made to TANF and not the daughters mother. During the Jan 2015 hearing, the mother was absent and TANF dismissed the case due to the fact of my Husband still being incarcerated. My husband was released May 2015 and will be in the court appointed program until November 2015. At that time, he will gain employment and be able to make payments to TANF/Child support.
Current: My Husband and I live in Virginia. The mother of his daughter, lives in Washington, DC. A summons was placed on my door for him to appear in court, a couple of weeks ago. It was a motion for something and it included a statement from the Mother saying: He has not yet paid the amount instructed and that she believes more money should be enforced. I returned the notice to the courts saying, my Husband did not live at that address because he doesn�t and he is also in a court appointed rehabilitation center. Since then, she has sent me text messages threating that she will see us in court and we will pay her support. I plan to file a harassment case against her, immediately.
My issue is, 1. How can the Mother file a court hearing in Virginia if she is a Washington DC resident? Shouldn�t she have to file everything through DC? 2. What is the likely of my husband and I filing for joint custody of his daughter, given his past record? 3. She is no longer allowing the child to come to our home as of 2 weeks ago.

Asked on 8/21/15, 5:37 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Ans 1. One doesn't have to be a resident of the Commonwealth of Virginia to file a case there. (That, however,

in no way means that whatever was filed by this mother who lives in DC was proper and should not

be subject to summary dismissal.)

Ans. 2. Assuming that the issue of custody/visitation would be litigated in DC Courts,, I doubt that

you and your husband would have much chance of prevailing in your case seeking joiint custody

of this particular child.

Ans 3. If the mother of this child is no longer compliant with the court's order governing the father's

visitation rights, he should consider filing a motion with the court to have her found in contempt

and appropriately sanctioned.

Answered on 8/21/15, 7:13 am

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