Legal Question in Family Law in Virginia

Grandparents rights

My husband is station in virgina and has been for the last year. His mother which lives in califorina and he hasn't talk to her in two year and off and on throw his life has infromed us that if we dont give here 12 pictrues of our 18 month little girl and one pictrue every month untill futher notion that she will take us to court for her grandparents rights in califorina and she will give us thrity days to get the pictrue to her or she will start court acting. There has always been bad blood between them and we are wondering if there is away we could start acting here in virgina even if my husband and i hold resident in califorina and have califorina driver license or if she is just talking and cant up hold her grand parents right in either state thank you


Asked on 6/07/99, 11:11 am

1 Answer from Attorneys
Olivier Long Law Office of Olivier Denier Long

Re: Grandparents rights

Visitation rights are based on residence, not domicile. If the child has resided in VA for more than six months, then VA has jurisdiction over grandparent rights, and CA does not. This may not prevent Grandma from filing in CA when jurisdiction is VA only, but a good lawyer should be able to get the case transferred to VA.

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Answered on 6/09/99, 12:14 pm


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