Legal Question in Family Law in Virginia
Multi-state custody
I received an 18 month Protection from abuse order in PA for me and my children. It was originally filed 10-11-2004 and the final order was given 11-4-2004. On October 19 my wife filed Pendente Lite and Contempt charges against me in VA for not letting her see the children, which I can not due because of the protection order. The Pendente Lite case in on 11-15-2004 where she is trying to get custody, spousal and child support and me to pay her attorney fees past, present and future. She is menatally ill, admitted that in court, I have suicide notes, she has purchased a shotgun and her family is well off and have said they will drive me bankrupt by keep bringing me into court. I am out of money, have a protection order that is good until 5-3-2006 giving me sole and legal custody of the children, but I am told that this can be overuled in VA if it is not handled correctly. I need to have things slowed down so I can get things handled legally and so I can generate some money for another lawyer. The children are in grave danger with her and I fear for their lives. She has said she would burn the house down with them in it and it is statements like that that gave me the protection order to begin with. Help Me! I do not know what todo
2 Answers from Attorneys
Re: Multi-state custody
The PA Case was filed first and therefore should take precedence. You will need to appear and defend in Virginia but it should be a strong case based on the earlier PA filing date. My brother is a Virginia Attorney and I could refer him to you to handle the Virginia Aspects of your case. You should file a support case in PA to get that action taken care of in your "home" court. I offer free consultations.
Re: Multi-state custody
I am assuming, from your description of the actions pending against you in Virginia, that you are in the midst of a divorce action there - and that you have a hearing upcoming for your wife's claim for alimony pendente lite(?) and another for contempt of a custody order. Neither the procedural nor factual background of your situation is clear, and the determination of the credit the Virginia court will give the Pennsylvania order is dependent on those details. There are also federal laws which have an impact upon the effect an pfa order has interstate - particularly where there is gun ownership. This is a matter which requires an experienced local domestic relations attorney's advice. A Pennsylvania attorney may not advise you regarding the laws of Virginia; however, most states have a domestic abuse assistance network of some kind to which referrals can be made for advice and assistance for indigent persons in need. You may be able to obtain a domestic violence referral from the domestic relations section of the court of the county where your wife's action is pending. In any event, you must obtain local professional advice prior to the upcoming hearing date.
I wish you the best.
Ilene Young, Esquire/ Civil & Family Practice/215-444-0445
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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