Manassas, VA asked in Family Law and Child Custody for Virginia

Q: I now resides in virginia with my 14yr old Her father is in New York I would like full costidy where do I file

I receive child support and makes all decision for our child.father is not on the picture at all

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1 Lawyer Answer

A: If there is no existing custody order, you file in the child's "home state." The home state is where the child has lived for the past 6 months.

If there is an existing custody order, return to that court. If a person subject to that existing order still resides in the court's jurisdiction, you may have to revise custody there. If everyone has moved, then go to the home state. Even if everyone has not moved, that court can transfer the case to the child's location as a matter of forum convenience, e.g., the witness are there, the information concerning the child is at the new location, etc.

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