Legal Question in Family Law in Virginia

Change of Venue?

A divorce agmt which includes custody has been finalized and in effect for 2 years. if one parent recently moves to another county in the state, and the custody issues have to be restablished based on the move, does it have to be handled in court of the original county or can it now be moved to the new county where the one parent moved to?


Asked on 10/07/05, 11:25 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Change of Venue?

The provisions of the final decree having to do with child custody, support and visitation should be transferred to the Juvenile and Domestic Relations District Court(J&DRDC) in the city or county where the child currently resides.

Once this has been accomplished, then either party to the decree can file papers requesting a hearing addressing these various matters using the courts own forms without involving the services(and expense) of an attorney.

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Answered on 10/07/05, 12:21 pm
Brian Miller Brian M. Miller, Attorney at Law

Re: Change of Venue?

If you litigate the custody/visitation issue, you will file in the county where the court has jurisdiction over the child. So the best bet would be to file where the child resides.

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Answered on 10/07/05, 11:29 am


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