Virginia is the home State, the State with the jurisdiction and significant connection. The children have lived in VA all their life.
Texas took emergency jurisdiction and issued an emergency temporary custody order based on false statements and allegations.The children where living in VB, VA at the time. There was no abuse, no neglect, no abondement, definitelty no danger of immediate harm. The father had already traveled to VA waiting while his attorney filed on June 14th 2019 in Texas. When the order in TX was granted June 26th the father then filed in the VA court claiming his children were kidnapped from Galveston County, VA. The judge in VA enforced the order and the father took the children to TX on June 27th. The father of the children has a prior criminal record of domestic violance, violation of protective orders towards me and previous relationships, AWDW in one of his previous relationships. Parental rights taken of a daughter from a previous relationship. Several DUI. trespassing, breaking and entering.
Can I file a Writ of Habeas Corpus to get the children returned back to VA from TX? If not then what can I file to have the children returned immediately and the emergency temporary custody order in TX dismissed?
Thank you for the advice.
1 Answer from Attorneys
No, Habeus won't do it for this situation; your better approach would be to
engage a Virginia attorney who has extensive experience with domestic relations
matters and who should be able to advise you as to the best options
that you might pursue in the matter you've described.
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