Q: I live in Virginia my daughter lives in Florida. Can I file for custody in Virginia to get her with me
A:
The location to file for custody is determined by the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA. See Va. Code § 20-146.12. Initial child custody jurisdiction.
The starting point is the child's "home state." "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
If you daughter has lived in Florida for the past six months, you file in Florida.
See Va. Code § 20-146.1, et seq.
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