Q: Custody Modification
If my husband's prior divorce and child custody with his ex wife was done in Virginia Beach but neither live there, where are they required to do the custody modification if there needs to be modification? Mother and child live in NC and we live in MD. We have heard 1) it is required that they go back to the location where the case was held (initially done in Virginia) or 2) custody modification needs to be done in the state where the child has resided for 6 months. Ex Wife was previously living in VA before moving to NC in July.
Will the judge review my (new wife) bank account when they re-evaluate child custody when modified?
A:
A state that issues a custody order has continuing, exclusive jurisdiction to modify that order so long as a parent or child subject to the order continues to reside in the state.
When everyone has moved from the issuing state, the state where the child has lived the past six months can coordinate with the initial, issuing state to move the case to the new state.
The process of modification begins with registering the existing order in the new state.
Bank accounts have little bearing on custody. A new spouse's income is not considered in determining child support for step-children.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
