Legal Question in Family Law in Virginia

My wife and I are seperated. I filed a petition for custody several months ago in VA. Since then, we have both relocated to GA. I have the first hearing on 18 May. Can I ask to have the case transferred to GA and if so, what do I need to prepare/file? I have no choice at this time but to represent myself but she has an attorney. His intention at the hearing is to have my petition dismissed since he filed a complaint for divorce. However, he filed his complaint after I filed the petition. She also lied about the seperation date in order to get a quicker divorce. We both signed a seperation agreement but I discovered that was just to coerce/trick me into signing a waiver releasing me from future notification of actions. I know, that was stupid on my part but thats where it lies. Any help would be appreciated.


Asked on 5/11/11, 8:03 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Under the facts described and with both parents and child(ren) now residing in the state of Georgia, I would expect that the Virginia court will grant the attorney's motion. (You should then refile your case in Georgia.)

You, however, apparently could also ask that the lawyer's complaint for divorce in Virginia be likewise dismissed on the basis of apparent jurisdictional defects.

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Answered on 5/13/11, 6:14 am


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