In today’s global world, it’s not uncommon for separated or divorced parents to live in different states or even countries from one another. With such large geographic distances becoming the new normal, it becomes more difficult to know which courts or even which state a parent should file custody paperwork in.
If you live in Virginia at the time of your divorce or initial custody finding, and your spouse lives there too, a Virginia court is likely to be the Court of jurisdiction for future matters, with final orders often including the language that custody, visitation, and support matters are remanded to the appropriate Juvenile and Domestic Relations court having jurisdiction. Determining the jurisdiction is what often causes issues. Jurisdiction, under the Uniform Child Custody Jurisdiction and Enforcement Act, (the UCCJEA) follows the minor child’s physical presence. That is, if a child lives in Virginia, and has lived there more than 6 months, Virginia is the home state of the child, and Virginia courts have exclusive jurisdiction over the child.
If Virginia issues the final order for custody, visitation, and support matters in September of 2015, and then your ex-spouse moves to Maryland in April of 2016, and takes the child with him or her, Virginia will retain jurisdiction over the child until such time as the child resides in another state for six months or longer. Therefore, in October of 2016, Maryland will have jurisdiction of the child, and if a motion to modify custody, visitation, or support needs to be filed in November of 2016, it will need to be filed in Maryland, and Maryland law will govern, even though Virginia made the initial determination.
Similarly, if Virginia issues the final order for custody, visitation, and support matters in September of 2015, and then your ex-spouse moves to Maryland in April of 2016, and takes the child with him or her, and then moves again to New York in September of 2016, and a petition to modify custody is filed in November of 2016, Virginia will still have jurisdiction of the child until April of 2017, because the child will not have lived in Maryland or New York for more than six month, and Virginia courts will exercise jurisdiction to modify the orders, even though the child would be residing in New York.
Should an ex-spouse move and try to modify the custody/ visitation orders without having lived in the new state for 6 months, it may be wise to try and hire an attorney to make a special appearance and contest the Court’s jurisdiction only, so that the appropriate home state can make the findings, thereby reduce litigating a matter from a distance.
If you need to register a foreign (non- home state Order) in your new state, it’s always wise to take a certified copy of the original Order of custody and visitation, as well as proof of your new address and length of stay in the new state.
If you need assistance with a custody or visitation initial filing or modification, please contact the legal team at Winslow & McCurry at 804-423-1382 for an initial consultation.
