Legal Question in Family Law in Virginia

child custody

I am in the navy living in Va. I have been seperated from my wife and three year old for about eight months when I went to school in san diego. when I left my wife went back home to Tn in that perid of time we split up. I was informed in those months she has been charged from the cps for abuse. and instead of just visting my child I want her to live with me now. can I legaly go get her since I am still legally married. no papers have been drawn up for divorce or custody. I just want my daughter out of the bad situation she is in now.


Asked on 3/21/08, 11:02 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: child custody

Absent a valid order from a court of law addressing the matter, each parent has an equal claim to the custody of a child(and to live with the child wherever he or she pleases), although if litigation were to ensue over the issue, the jurisdiction where the child has been residing continuously

for six or more months would have the superior claim as to which state would have the authority to adjudicate the custody dispute under the Uniform Child Custody Jurisdiction Act(UCCJA).

Under the circumstances described here in this question, it would appear that that state could be Tennessee rather than Virginia.

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Answered on 3/22/08, 11:34 am


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