Q: How to retrieve a MD-resident child from a VA-resident parent who isn't turning over the child?
In the state of VA, in the event the (northern) VA residing parent will not turn over the child to the other parent during a pickup in VA, what actions must take place to retrieve the child? The child and the custody order is resident (and formed) in Maryland (Baltimore county) where I (the parent in MD) have primary physical custody.
Would I simply need to call the police and show a certified copy of the custody order with drop of times and days? Would I need to file something in VA? Would I have to go back to MD (the child and mine home state) to file something?
A:
For the short term, you could likely bring a certified copy of the Maryland order to the other parent's residence, and call the police. Hopefully, the order is specific enough that the police implement the plain language of the order.
For the long term, register the Maryland order in the other parent's Va. court. File a DC-582.
http://www.courts.state.va.us/forms/district/dc582.pdf
With the order registered, you can use the local Va. court to find the parent in contempt and sanction them.
Also note Va. Code § 18.2-49.1. Violation of court order regarding custody and visitation; penalty.
https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-49.1/
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