Legal Question in Family Law in Virginia
custody / divorce
I have 2 questions, I live in Va, I had an issue 1 year ago and signed a paper that gave my inlaws temp. custody of my children, with the agreement at anytime my children would come home with me, now I am in the process of trying to get them back, my inlaws though are going to fight me for custody, what do I need to do they live in Louisiana, I have full custody of my children in divorce from there mother, is it illegal for me to bring my children home and out of the state of Louisiana into VA would that give me legal standing over my children.. 2nd my current wife is living somewhere in wise county va however i dont have an address on her, how long do I have to run a posting in the local paper there for me to have a legal standing for divorce? thanks for your time
1 Answer from Attorneys
Re: custody / divorce
If there is no valid court order awarding custody of your children to your in-laws in Louisiana, then you can go there and get them anytime and bring them home to Virginia. (The paper that you apparently signed is of no legal significance with respect to this issue.)
With respect to publishing a notice in the newspaper regarding a pending divorce, these kinds of legal notices usually run for around four consecutive weeks. (You must, however, first file for divorce and then request permission of the court to provide this kind of constructive notice to the defendant[your wife]only
in the event that you are unable to locate her to serve her with copies of the divorce papers.)
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