Q: How can my mother gain emergency guardianship of my son without my consent?
I reside in Virginia which my son was born. My mother has been watching over him for me while I work to get my house together. She goes & files for emergency guardianship which she claims was granted in Delaware without my knowledge or consent
The jurisdiction over, or power to decide, interstate custody and visitation disputes is based on the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA, a uniform law adopted in almost all the states. The purpose of the UCCJEA is to require a connection between the residence of the child and the decision-making power of the court. It attempts to correct a prior practice of moving the child to another state in an attempt to gain an advantage over the out-of-state parent. The UCCJEA creates a hierarchy of conditions that might prefer one court over another. The "home state" is where the child has resided for the last six months, or the state in which a child has resided for the greater portion of that six month period. A jurisdiction where an existing order addressing custody or visitation also has priority.
Any person with a legitimate interest in a child custody or visitation dispute who files for a determination must file an affidavit, a sworn statement, setting forth the child's residences for the last 5 years, and a statement regarding whether there are any existing custody and visitation orders. By doing so, the court may determine if it is the most appropriate jurisdiction for a decision.
Any person with an interstate custody or visitation dispute should consult with an experienced Virginia family law lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.