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Child Custody Laws In Virginia Fairfax Divorce

If you are dealing with child custody in Virginia or about to go through child custody in Virginia, contact us for help.

Contact our law firm today to speak with a lawyer today about your Child Custody Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Godwin v. Godwin

Facts:

Plaintiff mother and defendant father wed in Pakistan and had one son during their marriage. After moving to the United States, marital difficulties arose. Defendant filed a petition under law for divorce and a petition for child custody. Defendant’s petition for child custody was filed in Pakistan eight days before plaintiff initiated a custody proceeding in Virginia. Plaintiff’s petition was dismissed, and she appealed. Defendant moved to dismiss for lack of jurisdiction. The court denied the motion to dismiss. Defendant’s petition in Pakistan had been dismissed, making Va. Code Ann. § 20-129, regarding simultaneous proceedings, inapplicable. The commonwealth was not an inconvenient forum under Va. Code Ann. § 20-130. The child had lived in the Commonwealth for over six months, and Pakistan was not recently the child’s home state.

If you are facing a child custody case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • A court of the Commonwealth which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if the Commonwealth is the home state of the child at the time of commencement of the proceeding, or it is in the best interest of the child that a court of this commonwealth assume jurisdiction because (i) the child and his parents, or the child and at least one contestant, have a significant connection with the Commonwealth, and (ii) there is available in the Commonwealth substantial evidence concerning the child’s present or future care, protection, training, and personal relationships. Va. Code Ann. § 20-126.
  • The Commonwealth may decline jurisdiction if it is an inconvenient forum under Va. Code Ann. § 20-130. In determining if it is in the interests of the child that another state assume jurisdiction, the court should take into account the following factors: (1) If another state is or recently was the child’s home state; (2) If another state has a closer connection with the child and his family or with the child and one or more of the contestants; (3) If substantial evidence concerning the child’s present or future care, protection, training, and personal relationship is more readily available in another state; and (4) If the parties have agreed on another forum which is no less appropriate.

If you are dealing with child custody in Virginia or about to go through child custody in Virginia, contact us for help.

Contact our law firm today to speak with a lawyer today about your Child Custody Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

A Sris
Sris Law Group
1-703-278-0405

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