Legal Question in Family Law in Virginia

Permanent Resident

My childs father has just filed for custody of my now 4 month old daughter in the state of Virginia. I attended college in VA and recently graduated and relocated with his permission back to the state of my legal residence, SC on the 4th of August. My ex deicided to file for custody on the 25th of August. My question is; is it legal for him to file the case in Virginia where neither of us are residents of Virginia? His state of residence is MD and mine SC.


Asked on 9/27/06, 3:25 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Permanent Resident

Sure. The general rule is that jurisdiction lies where the child has lived for at least six months and it looks like Virginia is the last place where the child has lived for at least six months. Of course it makes no sense to keep the case there because no one lives there. The case will proceed there but the judge will want to kick it to the state of whomever gets custody after its done.

Good luck.

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Answered on 9/27/06, 5:44 pm


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