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I've had custody sole custody of my son for 9 years and I've been living in Virginia. I obtain sole custody in New Jersey because it was in the best interest of the child. The mother was allowed to have visitation upon completion of what was ordered by the court and Dyfs. To date she still has not done this. Now after all these years she wants visitation and joint custody. I understand under the uniform child custody jurisdiction enforcement act I'm allowed to have this heard in Virginia. It is in the best interest of the child. We have established residency in Virginia he attends school Church and sports. I am also married with 2 other children.. I need to obtain an attorney that's reasonable and can change the jurisdication for me then my Va lawyer will complete the custody case here .I would appreciate any help you could give me thank you so much.
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If the child's mother wants visitation and joint custody then my advice would be for you to wait for her to do something, not to proactively do something to try and change jurisdiction. If you obtained sole custody through the New Jersey Court, and were permitted to move to Virginia, then you can answer any complaint or motion she files for joint custody by asking that jurisdiction be changed. I wouldn't take that step until there is an affirmative claim that his mother wants custody.
Answered on Oct 23rd, 2013 at 4:23 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship