Tags

, , , , , , , , , , , , , , , , , , ,

Virginia Lawyers Fairfax Divorce Spousal Support Permanent Custody

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

Contact our law firm today to speak with a lawyer today about your Divorce 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.

Baker v. Baker

Facts:

Appellant father challenged a decision of the Circuit Court in Fairfax (Virginia), which granted him a no-fault divorce, ruled that appellee mother was not entitled to spousal support, and awarded permanent custody of children to the mother. The mother had originally filed a petition in the circuit court for custody, child support, spousal support, and costs. The father contested the circuit court’s jurisdiction and the custody award.

If you are facing a Divorce 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:
  • Va. Code Ann. § 16.1-241(A) purports to vest in the juvenile and domestic relations district courts exclusive original jurisdiction of all cases involving child custody, visitation, and control. But Va. Code Ann. § 16.1-241(A)(3) expressly makes this jurisdiction concurrent with that of the circuit courts as provided in Va. Code Ann. § 16.1-244 hereof. Section 16.1-244 provides in part that nothing contained in this law shall deprive any other court of the concurrent jurisdiction to determine the custody of children upon a writ of habeas corpus under the law, or to determine the custody, guardianship, visitation or support of children when such custody, guardianship, visitation or support is incidental to the determination of causes pending in such courts, provided that when a circuit court shall have taken jurisdiction thereof by entry of an order relating to custody, guardianship, visitation or support the juvenile and domestic relations district courts shall be divested of such jurisdiction.
  • The circuit court’s jurisdiction, once properly invoked, is not lost because a part of the claim on which it was based is later found to lack merit. When a circuit court acquires jurisdiction of the subject matter and the person, it retains jurisdiction until the matter before it has been fully adjudicated.

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

Contact our law firm today to speak with a lawyer today about your Divorce 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

Advertisements