Legal Question in Family Law in Virginia

Can I dismiss TN case and File in VA, since TN doesn't have personal jurisdictio

I got married in 92 in VA, separated in 94 in VA. We give custody of our daughter to my parents in 95 for health insurance reasons. We were discussing reconciliation in 95, when my parents moved back to TN (We were the only members of our family living in VA). I moved to TN with them to be near the child. I filed for and got custody back in March 03 in VA because TN wouldn't let me file it here-I was not aware I was waiving any kind of jurisdiction at the time. I have filed for divorce in TN, on the grounds of irreconcilible differences, trying to reach an agreement. However, he has refused to accept my calls or return my voicemails since he recieved the Temp. parenting plan I mailed with a return Receipt requested. May I dismiss the TN case and get an attorney in VA, since TN will only have subject-matter jurisdiction not personal jurisdiction? Also, since the child has lived in TN for over 8 years, what are the chances that the commonwealth will waive continuing and exclusive jurisdiction on custody, using the grounds of inconveinent forum as stated in the UCCJEPA?

Thank you for your assistance.


Asked on 10/11/03, 6:52 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: Can I dismiss TN case and File in VA, since TN doesn't have personal jurisdi

VA has already exercised jurisdiction over the parties for purposes of custody, in your action to recover custody. Therefore, VA is the only state with continuing jurisdiction.

You certainly can dismiss the TN suit if there has been no response. (Unless TN law is very different from VA law.)

Whether you can file in VA depends on whether you or your husband have lived in VA for 6 months. If not, you can't file here.

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Answered on 10/13/03, 11:56 am


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