Legal Question in Family Law in Virginia

can a I change jurisdiction in child visitation case

Here is my question. I was divorced in New Mexico over6 years ago. Five years ago my new husband and children moved to VA because of my husbands job. My ex is still in the state of NM and wields his ability to control me and visitation issures through the courts of NM. Is there a way that I can change the jurisdiction of this case from NM to Virginia so that the hearings are done out here rather than in NM. I will add that although I was able to take the two children I had with him out of the state of NM it took months of intense scrutiny by the Court Clinic before they were allowed to leave the state. Now every time that things don't go according to my ex's plan, he uses this jurisdiction to drag me and my family back to NM for court hearings. Thank you for any advice you provide.


Asked on 2/14/07, 8:25 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: can a I change jurisdiction in child visitation case

The custody jurisdiction question is controlled by residence of the children and by prior agreements. If it is a NM agreement and the children still primarily reside there, you cannot change the jurisdiction. If the children live six months in any other state, then that court may assume jurisdiction. Jurisdiction will never follow the non-custodial parent without the children living there.

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Answered on 2/14/07, 9:36 pm


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