Q: How can I get my case moved from civil court to family court in lee county va?I cannot afford an attorney
An attorney told me that the case should be in family court because there is no need for an attorney to file the motions I need but she didn't tell me how to get the case moved to family court.
I live in Bristol VA but the case is in Lee County VA
A:
You probably want to transfer from circuit court to juvenile and domestic relations district, JDR, court.
File a motion in circuit court to transfer the case to JDR court pursuant to Va. Code § 20-79(c).
Va. Code § 20-79, "(c) In any suit for divorce or suit for maintenance and support, the court may after a hearing, pendente lite, or in any decree of divorce a mensa et thoro, decree of divorce a vinculo matrimonii, final decree for maintenance and support, or subsequent decree in such suit, transfer to the juvenile and domestic relations district court the enforcement of its orders pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children. After the entry of a decree of divorce a vinculo matrimonii the court may transfer to the juvenile and domestic relations district court any other matters pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children on motion by either party, and may so transfer such matters before the entry of such decree on motion joined in by both parties. In the transfer of any matters referred to herein, the court may, upon the motion of any party, or on its own motion, and for good cause shown, transfer any matters covered by said decree or decrees to any juvenile and domestic relations district court within the Commonwealth that constitutes a more appropriate forum. An appeal of an order by such juvenile and domestic relations district court which is to enforce or modify the decree in the divorce suit shall be as provided in § 16.1-296."
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