Legal Question in Family Law in Virginia

legal rights?

My ex is 12,000 arrears cs, he doesn't excercise to the fullest his visitation, the kids have spent 1 week spring break, no more than 28 days during the summer with him, and I usually give him my xmas time as well as his.(this is his choice) However, he is a cop, he is married and seems to think that is enough to take the kids away from me. He cannot prove that I am unfit. My question is, he wants the kids for the summer, I am okay with that, even if he didn't give me written notice by April 1st. I have always tried to get him to see the kids more, my question is what are his chances of taking them from me, and what state would have juristiction over a custody hearing? the original custody was established in Texas. My fear is that somehow he will use me allowing him to have the kids for the whole summer against me. Thank you... any and all information will be appreciated. Tn has told me he would have to come here, however, other's have said if he has them, he can file there, even if it is visiting. There is a mutual agreement in our decree that says if we mutually agree, we can go by that for visitation, instead of what is court ordered. Thanks again.

Asked on 4/06/05, 3:51 pm

2 Answers from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: legal rights?

If your children have resided in Virginia continuously, for at least six months or more, Virginia has jurisdiction for purposes of adjudicating custody and Tennessee under the Uniform Child Custody Jurisdiction Act(UCCJA) would be required to defer to Virginia if the custody matter were to become disputed.

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Answered on 4/06/05, 6:06 pm
Fred Kaufman Fredrick S. Kaufman, Esquire
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Re: legal rights?

If he is in arrears you need to bring him in front of the Judge and have him be found in contempt of Court. The more that happens the less the judge will think of him when decisions about custody are asked to be made.

He can always brainwash your kids if you think the kids are brainwashable. If you raised them right then he wont be able to buy their love.

No matter what the kids want it would be very hard for him to get custody from you. In Virginia, the judge decides what is in the best interests of the child. That concept rules.

Judirsidiction is where the children live. Under old interstate laws he could file motions to change custody if the child was living with him for at least six months. Even that law changed and now under interstate custody laws you MUST always go back to whatever court made the custody Order in the first place. In your case, Texas.

Good luck.

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Answered on 4/06/05, 8:05 pm

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