Legal Question in Family Law in Virginia
what is considered jurisdiction or home state?
The State of Virginia awarded custody of my son whom resides in Illinois when my spouse and I are the legal birth parents.How was this state able to do that and take jurisdiction of my son?
1 Answer from Attorneys
Re: what is considered jurisdiction or home state?
Under the Uniform Child Custody and Jurisdiction and Enforcement Act, if a child has lived in Virginia for six months, a Virginia court may exercise jurisdiction. Even if the child has not been here for six months, a court may exercise jurisdiction under certain circumstances, primarily involving abandonment, abuse, or other emergency situations, or if no other state would have jurisdiction. Without knowing more about the facts of your case, it is impossible to say whether the court in your case exercised jurisdiction appropriately.
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