Q: If I had a marital settlement agreement in Florida is it possible to have custody modified in Va
Ex filed registration in VA and immediately turned into modification of custody and JD&R proceeded without proper jurisdiction. Is that possible?
A: A party to a court order may domesticate or register that order in Virginia if the Virginia court can exercise jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act. Notice of the proposed domestication or registration is served on the other party so he or she could contest jurisdiction if he or she wished to do so. If jurisdiction is recognized, then the order registered in Virginia may then be modified if the party satisfies the threshold requirement of showing a material change in circumstances justifying a change in custody or visitation, and that, in light of that change, the best interest of the child[ren] would be served by a change in custody or visitation. The UCCJEA is rather technical in establishing a priority of jurisdictions that can decide interstate custody disputes in accordance with its provisions. Anyone with an interest in an interstate custody dispute should consult with an experienced Virginia family law lawyer to discuss his or her options and the best course of action.
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