Q: Petitioning for custody of my son in another state.
Custody of my son was given to his father about 6 years ago. They live in Kentucky and I live in Ohio. Custody was determined in Virginia as that is where jurisdiction was for my son at the time. I was going through a difficult time being a single parent and my oldest son bit my youngest son on the face. CPS was called in by an outside party. CPS took my children and when this happened I lost any finances I had. Without a vehicle I could not keep a job. After about a year, due to my circumstances of no employment and bad decisions, my youngest son was adopted by another couple and custody of my oldest son was given to his father. Since then I have relocated to Ohio where I have settled and am stable. I would like to petition the court for custody or visitation in the least. I do not know what to do since I am in Ohio and they are in Kentucky. Does jurisdiction still reside in Virginia or is it Kentucky? Which court do I need to petition and what are my chances of custody?
A: Likely jurisdiction is now in Kentucky since the child has been there more than six months. You will have to come to Kentucky to litigate it or go back to Virginia to reopen.
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