Legal Question in Family Law in Virginia
Child custody and support
My daughters aunt has temporary custody of my daughter. This was supposed to be temporary...now my daughter wants to stay with her aunt in Virginia, and the aunt is filing for child support. Does the child have the right to decide to stay with the aunt and can a Virginia judge order child support to a Texas resident?
3 Answers from Attorneys
Re: Child custody and support
Your question posted to Texas attorneys. I do not know if it also posted to Virginia attorneys, but if not, repost so that it will.
If there is no current Texas order, and the child resides in Virginia, then the court there will acquire jurisdiction, and only a VA attorney can advise you.
If there IS a Texas order and the child resides in VA, then a VA attorney will likely move the case, and again, you need a VA attorney.
If a VA court validly acquires jurisdiction, yes the VA judge can order and enforce child support against a TX resident, because the TX courts will honor that order.
If there is a current Texas order, and you want to contest any of these proceedings, you should be in a Texas lawyer's office today.
Re: Child custody and support
The fact that the aunt already has custody and that the child wants to stay will be difficult to overcome. The law of course has a preferencce for a natural parent if they are worthy and it is in the child's best interest. And yes anyone with custody of a child can get child support from their natural parents from any state. Each State has a Division of Child Support Enforcement that handles the Interstate collection of child support.
Good luck
Re: Child custody and support
You say your daughter's aunt has temporary custody - is there a court order? If there is a court order that would be important to know. If there is not a Virginia custody order there might be some jurisdictional questions. If the aunt gets custody, then it would be appropriate for her to request child support. You could definitely benefit from talking to an attorney. I am experienced in family law and would be glad to set up a telephone conference with you. If you like, you can send me a copy of whatever court order you have along with $75 for a consultation fee and I would be happy to speak with you.