Legal Question in Family Law in Virginia

Child Visitation/custody

My Husband has full custody of his son. He has been with us for 3 years now. His ex-wife gets visitation whenever it is possible. We live in VA she lives in SD. We have recently decided to homeschool the child and the ex is very mad about it and she is threatening my husband. We are worried that when she gets him this summer that she will file for custody in SD and keep him. I am under the impression that she can keep him while the litigation is in process. Can she legally do that? Is there anyway that we can make sure that he is returned to us at the end of the summer, whether or not she files for custody?


Asked on 5/17/07, 4:45 pm

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

Re: Child Visitation/custody

Sure, the mother could file for custody, but when the South Dakota court which would be subject to the UCCJA (Uniform Child Custody Jurisdiction Act)learns of the child's residence in Virginia, it would have to dismiss her case. In other words, the courts of the Commonwealth have jurisdiction over the issue of custody and the matter would have to be litigated there rather than in South Dakota.

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Answered on 5/17/07, 8:01 pm


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