Legal Question in Family Law in Virginia
taking it to a higher court
I am frustrated at every turn with the lower courts incorrect decisions regagrding jurisdiction. VA insists to register a child custody and visitation order, which was written by a NC court...written five months after the last party no longer resided in NC. BOth the PKPA and the UCCJEA make it clear that DESPITE pendency in a matter, jurisdiction over a matter only lasts as long as one parent/party or the child continues to reside in that state.
My question is this: What federal level court can I file to get this acknowledged that the current order lacks legal standing because it was not wrttien by a court of competent jurisdiciton, and what procedurally is invovled? Do I have to take an appeal froma lower court ruling, or can I make a federal case of it after the 10 notice of appeal(lower court requirement) has passed. How do I get this into a higher court ASAP??
1 Answer from Attorneys
Re: taking it to a higher court
You will not get these particular issues(child custody and visitation)into federal court as they do not normally involve questions or issues over which federal courts are empowered to take jurisdiction. Child custody and visitation are state court issues over which state courts have virtually exclusive jurisdiction.
Your procedurally correct approach in this particular situation is to appeal
timely the registration of the N. Carolina order in the Virginia lower court where it occurred to the next higher Virginia court which has jurisdiction to hear such an appeal.
At some stage in this process, obviously, the Virginia order registering the N. Carolina order will either be affirmed or dismissed. If the latter happens, however, you will not be able to take it to federal court for the reason stated above.
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