Legal Question in Family Law in Virginia
Father trying to get custody of children
My fiance is trying to gain custody of his two children. We have been searching for them for 2 years. We recently learned that their mother was incarcerated on December 16 for Vehicular Manslaughter. Arizona is saying we need some type of paperwork to prove that custody is still joint, so he can pick up his children. The children are currently residing with their grandmother. Their mother however just was released in August on Grand Larceny charges. Does he stand a chance of getting his children? There is no divorce decree or separation because everytime we would serve her she would dodge them, and move to a new location. And what type of paperwork can we use that we can get immediately to ensure these two young children have stabilty and structure in their lives?
1 Answer from Attorneys
Re: Father trying to get custody of children
The children are likely subject to Arizona custody laws. Therefore, your petition for their custody needs to be filed in Arizona's family court(or equivalent).
If there never was a court order in Virginia
addressing the issue of custody, Virginia cannot be of any help in providing paperwork on the matter that will satisfy Arizona authorities.
Custody papers will need to issue from a court of proper jurisdiction in Arizona.
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