Legal Question in Family Law in Virginia
I live in west va moved here 2 years ago.i did not know that i had to file for change of venue.i thought that it happened when i moved the children.i have full custody of children since 2007, father tried to get joint custody less than 6 months ago judge said no.all cases are closed..went for change of venue in juv. & dom. courts judge said no.i appealed to higher court new judge said yes that after 6 months out of state it had to be done.it is now in court of appeals in richmond, va. i need to know the codes or whatever for jurisdiction.where can i find this online? or what advice will help get it transfered to wv.he is fighting to keep in va so that i can not raise his childsupport of 140.00 mo for two child.
2 Answers from Attorneys
As I have already suggested in my previous response, forget about transferring
your Virginia case to West Virginia where apparently you now
reside, but rather simply file a new petition for sole custody in that jurisdiction.
You are dealing with two separate issues here. One is custody; the other is child support. Mr. Hendrickson is correct that you may file a petition for sole custody in West Virginia, as West Virginia is now the "home state" of the children. Va. Code �� 20-146.1; 20-146.14. You did not state whether your husband has an attorney in the Virginia Court of Appeals; you may need to get assistance in filing your brief in that Court.
Even though W. Va. is now the "home state" of the children for custody and visitation purposes, it does not have personal jurisdiction over the father for child support. This is controlled by the Uniform Interstate Family Support Act. You can file in W. Va. for a change in child support; the matter will, however, be heard by a Va. court.
I encourage you to contact your local legal aid office or a family attorney who will agree to a fixed fee for an initial consultation to explain all this and give you advice.
Good luck.
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