Legal Question in Family Law in Virginia

where would my husband and I file for custody of my brother in law who is 14 he lived with us from sept till march of this year then my mother in law passed away in march and her side of the family wouldn't let us take him back to finish school. my father in law has him now but is in the hospital because he tried to commit suicide and this is not the first time. we are wanting to know if we can file in virginia or if we have to file in south carolina where he is now. my mother in law had primary physical custody of him.


Asked on 7/10/11, 8:06 am

2 Answers from Attorneys
Robert Beard Attorney at Law

If you act quickly, you may be able to file in Virginia in the court that issued the custody order to your mother-in-law. Even after the child moved to SC, Virginia can remain the home state for up to 6 months. You will need to file an affidavit listing the child's residences for the last five years, and a custody petition before the six months is up. Under the circumstances, the Virginia court may well be willing to retain jurisdiction of the case.

Good luck.

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Answered on 7/10/11, 8:11 am
Michael Hendrickson Law Office Michael E. Hendrickson

South Carolina, if the child has been most recently residing there

six months or more to the present.

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Answered on 7/10/11, 8:12 am


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