Legal Question in Family Law in Virginia
Jurisdiction
VA gave me sole physical/legal custody in 2006. I reconciled w/ my husband and moved to IL. It did not work out, I left and he allowed me to leave with our children. I mean, I didn't just abandon him. He said that he would not even know how to take care of the children if I ever left. He gave me money to leave! He has now filed for divorce in IL, seeking custody and visitation rights. (He is an active alcoholic and recently became abusive.) The children have no ties in IL, save their father. Their family is MY family, here in VA. They have close connections here, spent most of their lives here, etc... Can I have the entire divorce moved to VA, or only the custody issues? I want supervised visitation in a facility until the man has some kind of drug/alcohol treatment and anger management. He drives drunk on a reg. basis, verbally abuses the kids, even hit them a couple of times, etc... How do I respond to the papers? How do I get the case moved to their home state, which is Virginia? I'm lost, don't know what to do, and have little money to work with. Thank you so much for your time.
1 Answer from Attorneys
Re: Jurisdiction
As a Virginia resident, you should respond to the Illinois court by asserting in writing that all issues in the divorce having to do with custody, visitation and support are to be governed by Virginia law due to the fact that the children have been continuously in residence six months or more in the Commonwealth.
If that is not the case, then you will have to return to Illinois and hire an attorney there to litigate these matters in that state.
You should also append a note to your answer that you regard your response as a SPECIAL AND LIMITED APPEARANCE only, and that it in no way confers plenary powers of jurisdiction on the Illinois court to make decisions in the various matters
that may be involved in the dissolution of your marriage.
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