Legal Question in Family Law in Virginia

Re: Wants to live with dad

Generally the state in which custody was granted maintains jurisdiction over the parties in regards to that custody.

However, if one parent and the child move to another state, and live there long enough for that state's jurisdiction to attach, and in any event longer than six months, custody questions may be moved to that state, with the agreement and acceptance of the court.

Thus, if the mother and child have lived in VA for six months or the requisite VA time period (if longer), she could ask the court there to take the case for modification.

If your son comes to visit you here, and lives here for longer than six months, you could ask the court here to assume jurisdiction for purposes of modifying custody.

Finally, if your ex agrees to the change in custody, and will sign an agreement to change of custody by a WY court, that would considerably shorten the process time and lessen the cost.

Be aware, however, that many times the now custodial parent will agree to a change in custody but only if he/she does not have to pay child support. In WY you must have an extraordinary reason to forego child support, such as the now custodial parent is totally disabled. Otherwise child support is required from the non-custodial parent. If you owe child support arrearages, however, it might be possible to obtain permission for an offset from the court.

Re: Wants to live with dad

The state that has jurisdiction is the state where the children have lived for the last six months.