Legal Question in Family Law in Virginia

registration of a foriegn custody order

I received a summons from my ex spouse seeking registration of a foreign custody order and foreign support order. I reside in Florida and my ex spouse and daughter reside in

Virginia. The original 1998 Florida custody and support order gave custody of my daughter to me, and she lived with me until July 2002, at that time she moved to Virginia with her mother. No modifications were made to the original order, however I have been sending support in the amount verbally agreed upon at that time. I am confused by the intent of this foreign order since the Florida order does not give my ex spouse custody or support for my daugher. Doesn't my ex need to make custody changes in Florida before requesting a foreign order in Virginia?

A hearing date of 8/30/04 was set on the date the summons was issued on 8/10/04 stating I have 20 days to request a hearing to contest this order. I received the summons on 8/13/04. Do I have to request this hearing in writing, if so, what form should I use? If not, can I call the clerk of the court to request a hearing date that would allow me sufficient time to obtain legal representation in Virginia, understand this order and to make travel arrangements?


Asked on 8/29/04, 9:05 pm

1 Answer from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: registration of a foriegn custody order

start off by calling the clerk. She can change the Fl order in VA if they have been there for 6 months. You need to contest this, it should not be ignored.

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Answered on 8/30/04, 8:42 am


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