Legal Question in Family Law in Virginia

Dad keeping daughter away from me

This past Tuesday, My daughter's father took my daughter to Texas against my will. I called the cops, but nothing could be done because there's no custody orders by the court. Well, I came along so I could watch after her. Just yesterday, he sent me a message that he and my daughter weren't going back to Virginia, where we both reside and where she's been living most of her life. He has family here and we met here, but I left when my daughter was 2 months old because he was verbally and physically abusive. She is now 22 months old. He said he was going to serve me with papers about going to court over custody now that both my daughter and I are here. Is that possible? I am still in Texas because I am not sure what to do. I don't know whether I should go back to Virginia and get a lawyer or consult one here. Please help.


Asked on 11/23/07, 10:05 am

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

Re: Dad keeping daughter away from me

Better consult an attorney there in Texas who's familiar with the domestic relations laws of that state. (Your argument to the Texas court should likely involve the claim that Virginia still has jurisdiction over the issue of custody since the child was resident there for more than six months, and was only recently brought to Texas by her father, and, consequently, under the Uniform Child Custody Jurisdiction Act[UCCJA] should be returned to Virginia.)

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Answered on 11/23/07, 11:53 am


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