Legal Question in Family Law in Virginia
I live in virgina and my son and his mother live in nj. first , what would be the procedure of getting custody being i live in diffrent state. 2nd , at time of divorce it was determined that we both have 50 50 custody and child support would be off the record and between us , a year ago she got lawyer and filed for child support .can she do this after already it was settled in court 4 years prior ? i did not even get anything telling me this was happnng so i could defend myself in court.
1 Answer from Attorneys
Yes, child support is always one issue that can be reopened after a divorce (assuming there are still minor children involved). You could file you petition/motion for a review of the support issue in the New Jersey court on the grounds that you never received proper notice of the support action.
If the divorce court which awarded 50-50 shared custody still has jurisdiction over the issue of custody, the matter would need to be brought back up in that particular court.
However, if not and the child has been continuously in residence in New Jersey for at least 6 months or more, your petition for custody would need to
be filed and litigated in the appropriate court of that state.
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