Legal Question in Family Law in Virginia
UCCJEA, Virginia home state issues
At a recent hearing, I argued that the custody of my 4 minor children, who have always lived with me, cannot be determined by VA Commonwealth Court in Chesterfield Cnty. My children did not live in VA during the commencement of the pleading nor 6 months prior. They have resided solely with me in MD since my husband and I separated some 3 yrs. ago. The judge saw my answer to the original ''bill of divorce plea'' filed in 2002. I had asked the Court to give me custody because I wanted my kids to stay w/me.
The judge said I conferred jurisdiction thru general appearance. Doesn't the UCCJEA give jurisdiction to the home state Court and mention that no entity can confer custody jurisdiction? This is what I told the judge but he simply postponed the hearing so that I could find an attorney. My kids have lived in MD for over a decade and for 3 years since the separation. The VA Court already determined custody, support, & visitation temporarily and I received the deal I wanted, but now a modification of custody had been requested though no material changes exist and I have to appear on July 18 even though the UCCJEA, as I see it, denies the VA Court custody jurisdiction.
1 Answer from Attorneys
Re: UCCJEA, Virginia home state issues
I am afraid your whistling in the wind, so to speak, with respect to which state has jurisdiction to decide custody; it's Virginia and not Maryland, under the particular circum
stances which you have described, and you should take advantage of the opportunity which the judge gave you to seek counsel to represent you in this matter.
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