Legal Question in Family Law in Virginia

Request Custody after extended visitation

My ex-husband was given primary custody of my daughter twelve years ago when I was 19 after he put me on a one way flight from Washington state to North Carolina knowing that I would not have the funds to come back and fight him in court. Anyway, I have been remarried for the last 10 years and have two more children. I get visitation with my oldest daughter whenever he wants to get away from her, but only if I agree to pay for the trasportation (He live in Alaska now $$$). Sometime he runs into financial problems and ask me to keep her for an extended period of time. Once when she was 3 years old we kept her for 13 months while he looked for a job. Now he wants me to keep her for 8 months while he tries to get himself back on his feet again. What I want to know is, can I ask the state of Virginia (Where I live now) to grant me custody? My current husband and I are relitively well off, financially, and want to provide her with a more stable living evironment. The law has not been too kind to us in the past. He has gone back to court three times to ask for more child support and has won every time due to his financial situation verses ours. Go figure. Any suggestions?


Asked on 1/02/05, 9:22 pm

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

Re: Request Custody after extended visitation

Can you modify an out of state custody order if the child has lived with you in Virginia for more than six months?

No. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) enacted in all fifty states only allows modification of a existing Order in the state where it was made. If there were no prior Order and the child were here at least six months the answer would be YES.

You do need to file for custody in the State which issued the Order. Given the circumstances you will probably win. Remember no matter where the child lives, his Order is still in effect until it is changed.

Good luck.

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Answered on 1/03/05, 6:29 am


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