Legal Question in Family Law in Virginia

jurisdiction

What are the jurisdiction laws in VA? My daughter lived in Amherst, VA for 2 yrs, then moved to NC for 4 months. She came to visit me at the end of September of last year. When she came, she stayed with her aunt in Campbell County, VA. While living there the aunt turned her into social services saying she was not taking care of her children. She had to sign a paper from social services stating that she could not take the kids from that house. She had to take a drug test and everything. The aunt, myself and my daughter filed for custody in the county the children where staying. When we went to court the judge said that she had jurisdiction over the case and she could here it. I have been doing a lot of searching and really question this. Please give help and hope.

Asked on 5/23/07, 7:24 pm

2 Answers from Attorneys

Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law
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Re: jurisdiction

In light of the children's residence, the involvement of social services removing the children, and the daughter's filing for custody (and thus subjecting herself to the jurisdiction) this state would have jurisdiction.

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5/24/07, 10:33 am
Michael E. Hendrickson Attorney & Counsellor at Law
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Re: jurisdiction

The state where the children were last in residence continuously for six months would have jurisdiction over the matter of custody.(This would appear to be the Commonwealth.)And since the Campbell County DSS and local court became involved apparently with the issue of your daughter's fitness to parent her children, it would appear that indeed this court would have jurisdiction to hear and adjudicate the matter of the custody of these children.

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5/23/07, 8:56 pm

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