Child Custody Virginia Jurisdiction Emergency Situation Lawyers Fairfax City
Child Custody Virginia Jurisdiction Emergency Situation Lawyers Fairfax City
Kennedy v. Kennedy
Facts:
After defendant father filed a motion to determine jurisdiction of a custody dispute between the father and complainant mother pursuant to the Uniform Child Custody Jurisdiction Act (UCCJA), the court, pursuant to the agreement of an Ohio court, held an evidentiary hearing as to whether the Ohio court’s exercise of emergency jurisdiction was proper. The Ohio court, in exercising emergency jurisdiction, had entered temporary custody decrees.
Child Custody Virginia Jurisdiction Emergency Situation Lawyers
Issue:
- Whether the Ohio court’s exercise of emergency jurisdiction was proper?
Discussions:
During an argument between the father and the mother, the mother slapped the leg of one of her children. The father immediately left the parties’ residence with both of the children and drove to his parents’ house in Ohio. Two weeks later, the father filed an action for a determination of custody in the Ohio court. Thereafter, the mother filed a motion for pendent lite custody and return of the children to Virginia. In determining the issue of jurisdiction under the UCCJA, the court found that the Ohio court did not substantially comply with the jurisdictional requisites of the UCCJA. The court held that: (1) it was clear that Virginia was the home state because the children had resided there for six months prior to the filing of the petition, (2) the substantial evidence required for proper determination of care of the children lay in Virginia, and (3) the evidence did not establish an emergency situation necessitating the husband’s taking of the children to Ohio to protect the children from actual or threatened mistreatment or abuse because there was nothing in particular about the parties’ fight that showed that an unforeseen emergency situation had erupted.
The SRIS Law Group Virginia lawyers will do their best to help you with your child custody/visitation case. Contact a Virginia lawyer from our firm to discuss your child custody/visitation case. A Virginia lawyer from our firm will talk with you about your child custody/visitation case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Child Custody Virginia Grandparents Alternative Jurisdiction Lawyers Bedford City
Child Custody Virginia Grandparents Alternative Jurisdiction Lawyers Bedford City
Max v. Max
Facts:
Appellant grandparents appealed a decision of the Circuit Court of the City of Bedford (Virginia), which reversed a lower court’s award of custody of a child to the grandparents and granted custody to appellee parent, following the denial of the grandparents’ motion requesting that the trial court decline jurisdiction under the Virginia Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Va. Code Ann. § 20-146.1 et seq.
Child Custody Virginia Grandparents Alternative Jurisdiction Lawyers
Issue:
- Whether grandparents or parents should be given the child custody?
Discussions:
The appellate court held that the trial court’s jurisdiction was not limited by Va. Code Ann. § 20-146.15 as the grandparents failed to advise the court of an alternative jurisdiction. The grandparents could not file for custody in Virginia, fail to advise the Virginia courts of their position that a child custody proceeding had previously been filed in Kansas, litigate the custody matter in Virginia, and then argue that Virginia courts only had temporary emergency jurisdiction. Kansas no longer had exclusive, continuing jurisdiction under Va. Code Ann. § 20-146.13. The trial court had temporary emergency jurisdiction, and jurisdiction based upon the pursuit of custody by the grandparents in Virginia. The finding that the parent was not unfit was proper. The parent and the grandparents had a temporary agreement, whereby the grandparents would care for the child while the parent was at Naval boot camp and would return the child to the parent upon her completion of boot camp. The parties abided by that agreement. The finding that the parent did not voluntarily relinquish custody was proper. The grandparents failed to rebut the parental presumption in favor of the parent.
The SRIS Law Group Virginia lawyers will do their best to help you with your child custody/visitation case. Contact a Virginia lawyer from our firm to discuss your child custody/visitation case. A Virginia lawyer from our firm will talk with you about your child custody/visitation case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Child Custody Virginia Jurisdiction Parental Presumption Lawyers Chesapeake City
Child Custody Virginia Jurisdiction Parental Presumption Lawyers Chesapeake City
ROSE V. SAM
Facts:
Appellant grandparents appealed a decision of the Circuit Court of the City of Chesapeake (Virginia), which reversed a lower court’s award of custody of a child to the grandparents and granted custody to appellee parent, following the denial of the grandparents’ motion requesting that the trial court decline jurisdiction under the Virginia Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Va. Code Ann. § 20-146.1 et seq.
Child Custody Virginia Jurisdiction Parental Presumption Lawyers
Issue:
- Whether the trial court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and erred by determining the parental presumption in favor of the mother was not overcome?
Discussion:
The appellate court held that the trial court’s jurisdiction was not limited by Va. Code Ann. § 20-146.15 as the grandparents failed to advise the court of an alternative jurisdiction. The grandparents could not file for custody in Virginia, fail to advise the Virginia courts of their position that a child custody proceeding had previously been filed in Kansas, litigate the custody matter in Virginia, and then argue that Virginia courts only had temporary emergency jurisdiction. Kansas no longer had exclusive, continuing jurisdiction under Va. Code Ann. § 20-146.13. The trial court had temporary emergency jurisdiction, and jurisdiction based upon the pursuit of custody by the grandparents in Virginia. The finding that the parent was not unfit was proper. The parent and the grandparents had a temporary agreement, whereby the grandparents would care for the child while the parent was at Naval boot camp and would return the child to the parent upon her completion of boot camp. The parties abided by that agreement. The finding that the parent did not voluntarily relinquish custody was proper. The grandparents failed to rebut the parental presumption in favor of the parent. The judgment was affirmed.
The SRIS Law Group Virginia lawyers will do their best to help you with your child custody/visitation case. Contact a Virginia lawyer from our firm to discuss your child custody/visitation case. A Virginia lawyer from our firm will talk with you about your child custody/visitation case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Virginia Child Custody Grandparents Temporary Emergency Jurisdiction Lawyers Attorneys
Judgment was affirmed as grandparents could not argue that Virginia courts only had temporary emergency jurisdiction under Va. Code Ann. § 20-146.15(C) as they filed for custody in Virginia, failed to advise Virginia courts of claim that child custody proceeding had previously been filed in Kansas, and litigated custody matter in Virginia.
Going thru a child custody case is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a child custody case.
If you are in the unfortunate position of having to file for child custody in Virginia or you have been served with a child custody complaint in Virginia, you need the help of an experienced child custody lawyer in Virginia.
The SRIS Law Group Virginia child custody lawyers have a thorough understanding of the child custody laws in Virginia and how the Virginia child custody laws may apply to your case.
Our Virginia child custody attorneys have helped many clients who are going through a child custody case in Virginia.
If you need help with a Virginia child custody case, contact us for help at 888-437-7747.
We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg
