Legal Question in Civil Litigation in Virginia

Lost in the cracks of the system

I need information on how to regain custody of my son from my mother. The state of Virginia granted legal custody to my mother. My mother resides in Missouri now as she did then. The first question I have is, which state has jurisdiction over my son; VA, who took custody and then granted, or MO, the state which we reside? Second, what information and or paperwork do I need when I petition the court, and where do I get the information?

My ex-husband was charged with the neglect/abuse, I have the papers. I also have papers stating that he was why my son was taken from the home. His rights were terminated, by court order; mine were not. Again, my questions are:

Which state has jurisdiction; VA or MO?

What information and or paperwork do I need to petition the court?

What needs to be done for me to regain custody?


Asked on 4/25/05, 9:29 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Lost in the cracks of the system

Usually the Court which enters the custody Order retains jurisdiction over custody. However, if all interested parties reside in Missouri, it may be possible to litigate the issue of custody in Missouri. I would need to research the Uniform Child Custody Jurisdiction Act and the relevant case law in order to be able to advise you further. It might be as simple as obtaining an authenticated copy of the Order from the Virginia Court, registering it in Missouri and filing a Motion to Modify. But, again, I can not tell you with any certainty until I have conducted the research. Most attorneys will require a reasonable retainer fee to be paid up front to be compensated for the time it takes to obtain the necessary information and do the research. If you would like to call me for a free telephone consultation, you may call me at 314-727-2822.

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Answered on 4/25/05, 10:04 pm


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