Legal Question in Family Law in Virginia
Mother leaves child in another state and returns to home state
Sons mother & I separated 7 months,but she had him sent to Ohio w/her mother without my knowledge. petition the court for custody, but was postpone until next march. There is no legal documentation of custody for either. Since child is in Ohio,and I want to go get him is there any legal paper work that has to be done? Contacted police department there and was told when I arrive call them and they will escort me to the property. But I'm sure they wouldn't allow me to take a child out of someone else home w/out documentation....since theres been a rash of child abductions...more too the story just trying to highlight the high points
1 Answer from Attorneys
Re: Mother leaves child in another state and returns to home state
Not knowing which county you live in, I cannot give you specific information on how you would go about getting an emergency order from the J&DR Court in your county. Each county has slightly different ways of handling emergencies. However, as long as this matter is not in the jurisdiction of the Circuit Court in your county, you should be able to petition the J&DR court for an emergency ruling returning the child to VA. This would be heard before the full custody matter in March.
You should probably retain legal counsel to assist you in this matter, especially if there is a long story associated with all of the problems between you and your son's mother.
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