Legal Question in Family Law in Virginia

My ex wife is planning to fly from Texas to Virginia for our son's graduation in the spring of 2012. She and I have been divorced for 9 years. I have a divorce decree from California stating that I have sole legal and sole physical custody of my son who will turn 17 on Monday. The divorce decree also states that my ex wife is to have supervised visits by a professional for 2 hours 2 times a week, must be free from drugs and alcohol for 24 hrs prior to visitation and must submit to a hair follicle test. Now if she sets foot in Virginia, can I enforce the divorce decree? I've never had to do this before because she was in prison in california for drug trafficking was released for good behavior and was allowed to return to Texas to complete her probabation sentence which she finished last year.


Asked on 7/08/11, 3:48 pm

1 Answer from Attorneys
Robert Beard Attorney at Law

Yes, under the terms of the Virginia Uniform Child Custody Jurisdiction and Enforcement Act, you can enforce the California order in Virginia. As you have the time, you may wish to consider registering the California order in Virginia ahead of time, so that you will not need to do that if you need to go to court for assistance in enforcing the Order.

You will need to have two copies of the California order you wish to enforce. One needs to be an exemplified copy, bearing the seal of the California court. (A stamped certification may not be sufficient).

Contact the clerk's office at your local juvenile and domestic relations district court for instructions on registering the California order.

Good luck.

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Answered on 7/08/11, 4:15 pm


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