Legal Question in Family Law in Virginia
Physical custody rights
my stepchildren are from Houston, Texas and they have been living with me and their father since October, 2005. According to the state of Virginia after 6 months of living in VA they are now consider residence and the custody court order that was done in Texas can now be transferred to Virginia. Their mother signed a notarized document giving my husband designate right to say where they live. Until we have full custody if she comes to VA and want them do we have the right to say no you cannot take them because she signed a notarized document giving him that right and because they have been living with us in VA for 8 months. Does the court order in Texas apply to VA law? We are having our petition filed next week for full custody in the state of VA.
1 Answer from Attorneys
Re: Physical custody rights
If the children's mother were to come to Virginia, she would have the right if she so chose to contest the issue of custody with the children's father in the appropriate court of law irrespective of any notarized paper which the mother may have signed.
The Virginia court in considering the matter would undoubtedly take into consideration the prior order in Texas.
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