Legal Question in Family Law in Virginia
Divorce
I have been divorced for almost four years. My ex and I filed in VA. I have several concerns. I moved to NH within a few weeks of the divorce and have been here for the last three years. There are two child (13 and 8). I am the legal guardian and the husband has agreed upon visits. My ex has filed one motion after the other and since I filed in VA, I must deal with the matters there. He contests support and does not pay what is ordered. I wish to change venue to NH. This is less of burden on me and it is where my children and I have been residents for the past few years. Is this an unreasonable request? and could it hurt me? Also I gave a cell phone to my oldest daughter to have for emergencies and basic communication with me. When visting my ex, he takes the phoe (which is in my name) and forces the children to call on his landline and he records our conversations. Do I have any recourse? Is this legal? He also forces my daughter to stay in the same room of his girlfriend's 14 year old son. Is this legal? I need some guidance.
2 Answers from Attorneys
Re: Divorce
If you change the venue of the case and have your decree registered in a New Hampshire court and removed from the jurisdiction of Virginia, it is even less likely to be effectively enforced than if it remains in Virginia. All of the problems relating to support and visitation should be addressed by the appropriate Virginia court rather than attempting to deal with them from New Hampshire.
You could retain a Virginia attorney to assist with this enforcement or contact the Division of Child Support Enforcement (through their sister child support agency in New Hampshire, if necessary) to see whether they
could assist with the enforcemnent of the child support. DCSE, however, will not become involved with the visitation issues.
Re: Divorce
Since you and the children have been resident in NH for more than a year, there are provisions which might fit to transfer to the court here matters relating to the children. An examination of the current court orders would be required to see if this is appropriate. As to his behaviors, it is best to try to work out those items between the two of you. If that is not possible, you may request the court to appoint a Guardian ad Litem to investigate and report as to what would be in the best interest of the children. The cost of this service would be paid, in most cases, by both parents. You should consult with an attorney as these are highly technical matters and there are several different options as to how to manaage this type of case.