Legal Question in Family Law in Virginia
Moving, Residency, and Jurisdiction
I just found out that my ex is moving and has not notified me of the change. If I am not mistaken VA code says that each party is to give the other 30 days written notice along with the court. She has not given me notice and I am positive she is moving because her rental company is the one that informed me. There is no use in filing contempt because I know it will just get thrown out because she will say that she did not know. My big issue is that I believe she will be moving to the next county over. How will this effect our custody case. Will jurisdiction need to me changed? She had moved previously and the court changed jurisdiction to the county we are dealing with now so I am wondering will it change again. I thought that she would have to live in the county for a certain amount of time but before she was in the new county not even a month and the case was transferred. I dont want to have to go through the hassle of having a new judge but I have a feeling this may be the case. If she does change counties is there anyway to keep the case in the current county until an order is issued then have it transferred to her new county.
1 Answer from Attorneys
Re: Moving, Residency, and Jurisdiction
There is no legal requirement (that I am aware of)that your domestic relations case be transferred to (presumably the J&DRDC)in the adjoining county merely because your former wife is moving there, particularly, if you continue to reside in the city or county where it currently is. In fact, there are situations where individuals with such cases have moved all over the Commonwealth without bothering to transfer their cases and the Virginia courts which entered the original orders still very much retain jurisdiction over such cases.
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