Legal Question in Family Law in Virginia
Jurisdiction
DFS filed charges against me back in 9/14/06, these charges have been since unfounded. The problem I have now is I live in Ga & I allowed my son to go with his dad in Va rather then having him in foster care while they investigated the charges. His dad now refuses to allow me to get my son back & being he's been in Va 6 months by Va law he's now a resident. I don't know where to turn.
Furthermore, DFS did NOT contact me when these charges were dropped back in 11/06, which is what caused this delay (6 months)
now I have this jurisdiction hanging over my head.
2 Answers from Attorneys
Re: Jurisdiction
The issue of custody will now have to be resolved in the courts of the Commonwealth of Virginia, since the child, apparently, has now been in residence there with his father more than six months.
Re: Jurisdiction
There are too many possible variables in your scenario to give you a reliable answer in this type of forum. Consult with a local attorney.