Legal Question in Family Law in Virginia
My ex-husband is the primary custodian of our two daughters ages 9 and 11. He lives in Ohio and he is currently under investigation for the molestation of his 12 year old niece. Is there some way that I can get an emergency custody order for my two children? I live in Virginia and the custody case was handled here. They are in danger. I have already spoken to the victims mother and the detective handling the case. He is looking at life in prison for this crime. Please help me.
2 Answers from Attorneys
You could file a motion in the Virginia court which entered the custody order
to modify it based on a material change in circumstances that would
justify making you the sole parent with physical custody of the girls and giving him no more than supervised visitation.
Interesting case. I am from Ohio. Use to practice in Cleveland. Now, I am practicing here in Virginia. Have been practicing here since about 2000. An emergency petition and/or motion may help you regain custody of the children. The court here should have continuing jurisdiction. Even if it did not, sometimes a state will take jurisdiction in emergency situations. He may try and claim Ohio has jurisdiction now if the kids have lived there for some time.
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