Virginia  |  Family Law

Legal Question

Asked on: 2/17/01, 11:00 am

Overturning Jurisdiction

Live in VA, and have with daughter since March 2000. Filed for custody in VA in July 2000. spouse resides in IL and was served court papers properly. Court date for VA custody was Oct 2000. I won custody, but spouse did not show. He filed for divorce in IL in late Aug 2000, whereas he included custody wants in decree. Have been fighting in IL thru attorney and now have to make an appearance for hearing in MAY 2001. I do not have money or resources to afford to go to IL or to fight any longer. Have had several court dates whereas judge has requested information in order to establish if jurisdiction in VA was warrented. All information has been given to prove my side, judge has spoken to the VA judge that presided over case, yet still will not rule because other side will not settle. I am now tied up in courts there and feel they are going to overturn jurisdiction. Do they have a legal basis to do this even though VA has already assumed jurisdiction? Can I legally get out of the court system in IL? I was told if I don't show for May hearing, I will lose and have to go thru appeals systems and start all over. HELP!

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