Legal Question in Family Law in Virginia

Re: Child Custody

It would appear that the Maryland custody order may have been granted in error or that there is some other problem with it which may require that it be vacated. It is very doubtful that this order actually takes precedence over the Virginia custody order and, therefore, the children's school officials should be informed that they should not under any circumstances release the children into the father's custody until the custody issue has been clarified and resolved.

You(or your daughter-in-law) will need to consult

with Virginia counsel knowledgeable in domestic relations law and should have available for this consultation copies of all relevant custody orders, including the most recent Maryland order.

Re: Child Custody

It sounds like to me the mother filed in VA before she met the 6 months residency requirement under a federal statute called "Uniform Child Custody Jurisdiction Enforcement Act". This act requires that the child reside in VA for at least 6 months before the VA courts have jurisdiction. It sounds like she didn't do that so dad went to a Maryland court (I assume MD was the child's last residence). HOWEVER, she can ask VA courts to exercise EMERGENCY jurisdiction if she can show that the child may be abused and if dad is a drug addict then she can use that as evidence.

She must speak to attorney right away and please tell her in the future that anything dealing with the child, even just child support, should only be handled with an attorney involved. Even if she can't afford representation she could have a consult with an attorney for an hour and if the attorney was experienced in family law they could have told her how to properly present the case to VA courts. All is not lost. She can likely still petition VA and MD to have the MD order vacated. Tell her to immediately contact an attorney to discuss the possiblities.

Also, you said dad went to the daycare with a court order. If the court order simply vacated the VA order that does not mean that the daycare should be allowing dad to take the child. The daycare would be required to allow dad to take the child to daycare if he showed a court order for custody or visitation with the child, but not a simple revocation order.

Good luck to you and your grandchild. Please let me know if there is anything I can do to help!

Re: Child Custody

Interstate custody disputes are the hardest cases to straighten out. Usually precipitated by a woman leaving her husband with her children and taking them to live with her mother in another state.

You may take advatntage of the custody jurisdiction of a state after children have been residents for six months.

I am unlear as to how father obtained a Maryland Order after Mother obtained a Virginia Order.

It seems to me that Virginia police would adere to the Virginia Order and suggest the father take his Order from another State to the Virginia judge letting him decide where jurisdiction ought to be.

There may be many reasons why the children are safer with mother in Virginia. Once the parties figure out which court is the appropriate place to hear this matter, you can testify for the Court so that no fact is glossed over.

Good luck.