Legal Question in Family Law in Virginia
My stepdaughter lives in CT, my husband and I live in FFX Va which has Jurisdiction over custody and child support. My husband's exwife has just pulled the child out of school and plans to homeschool her. Her is against this for many reasons, too many to list here. She claims she doesn't need his permission to do this. What are his rights? How likely would FFX order the ex to return the child to school?
2 Answers from Attorneys
Even if the mother has shared legal custody, this is the kind of major decision in a child's life that cannot be decided merely by one parent.
However, if the child has been continuously resident in Connecticut for the past
six months or more, then jurisdiction for custody may lie with the appropriate court in that state and your husband would need to file his petition there rather than with the Virginia court to contest the mother's action.
Fairfax and CT may both have jurisdiction now. If the child has lived in CT for 6 months...you may have to use CT court system. Court looks to best interest of child and if there is a prior court order may require substantial change of circumstances also. Good luck. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
