Emergency Custody Alexandria Virginia Law

16 Monday Dec 2013

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Emergency Custody Cases In Alexandria – Virginia Lawyers

Emergency Custody Cases In Alexandria Virginia

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20-146.15

20-146.15. Temporary emergency jurisdiction.

A. A court of this Commonwealth has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or if it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to mistreatment or abuse or placed in reasonable apprehension of mistreatment or abuse or there is reasonable apprehension that such person is threatened with mistreatment or abuse.

B. If there is no previous child custody determination that is entitled to be enforced under this act and a child custody proceeding has not been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section becomes a final determination, if it so provides and this Commonwealth becomes the home state of the child.

C. If there is a previous child custody determination that is entitled to be enforced under this act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, any order issued by a court of this Commonwealth under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction. The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or until the period expires.

D. A court of this Commonwealth that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, shall immediately communicate with the other court. A court of this Commonwealth that is exercising jurisdiction pursuant to 20-146.12, 20-146.13 or 20-146.14, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Description

Virginia Statute

Condition
Temporary emergency jurisdiction Va. Code 20-146.15(A) A court has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or if it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to mistreatment or abuse or placed in reasonable apprehension of mistreatment or abuse or there is reasonable apprehension that such person is threatened with mistreatment or abuse.
Va. Code 20-146.15(B) If there is no previous child custody determination that is entitled to be enforced under this act and a child custody proceeding is pending in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction.If a child custody proceeding has not been or is not commenced in such court, a child custody determination made under this section becomes a final determination, if it so provides and this Commonwealth becomes the home state of the child.
Va. Code 20-146.15(C) If there is a previous child custody determination that is entitled to be enforced under this act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, any order issued by a court of this Commonwealth under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction. The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or until the period expires.
Va. Code 20-146.15(D) A court of this Commonwealth that has been asked to make a child custody determination upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction shall immediately communicate with the other court. A court of this Commonwealth that is exercising jurisdiction upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Emergency Custody Cases In Alexandria Virginia

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Child Custody Modification Alexandria Virginia Law

16 Monday Dec 2013

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Child Custody Modification Cases In Alexandria – Virginia Lawyers

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20-146.14

20-146.14. Jurisdiction to modify determination.

Except as otherwise provided in 20-146.15, a court of this Commonwealth may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of 20-146.12 and:

  1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under 20-146.13 or that a court of this Commonwealth would be a more convenient forum under 20-146.18; or
  2. A court of this Commonwealth or a court of the other state determines that neither the child, the child’s parents, nor any person acting as a parent presently reside in the other state.

Virginia Statute

Description

Condition
Va. Code 20-146.14 Jurisdiction to modify determination A court may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of 20-146.12, except as otherwise provided in 20-146.15 and:

  1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under 20-146.13 or that this court would be a more convenient forum under 20-146.18
  2. A court of this Commonwealth or a court of the other state determines that neither the child, the child’s parents, nor any person acting as a parent presently reside in the other state

Child Custody Modification Cases In Alexandria Virginia

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UCCJEA Virginia Law Alexandria Child Custody

16 Monday Dec 2013

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UCCJEA & Child Custody Cases In Alexandria – Virginia Lawyers

UCCJEA & Child Custody Cases In Alexandria Virginia

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VIRGINIA ATTORNEYS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE (UCCJEA)

Va. Code Ann. 20-146.12

20-146.12. Initial child custody jurisdiction pursuant to the UCCJEA

A. Except as otherwise provided in 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:

1. This Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;

2. A court of another state does not have jurisdiction under subdivision 1, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under 20-146.18 or 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships;

3. All courts having jurisdiction under subdivision 1 or 2 have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under 20-146.18 or 20-146.19; or

4. No court of any other state would have jurisdiction under the criteria specified in subdivision 1, 2, or 3.

B. Subsection A is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.

C. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE

Virginia Statute Description
Va. Code Ann. 20-146.12(A)Initial child custody jurisdiction

Except as otherwise provided in 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:

 
  • This Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;
  • A court of another state does not have jurisdiction under subdivision 1, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under 20-146.18 or 20-146.19, and
    1. the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and
    2. substantial evidence is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships;
  • All courts having jurisdiction under subdivision 1 or 2 have declined to exercise jurisdiction on the ground that a court of this
  • No court of any other state would have jurisdiction under the criteria specified in subdivision 1, 2, or 3.

 
Va. Code Ann. 20-146.12(B) Subsection A is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.
Va. Code Ann. 20-146.12(C) Physical presence of, or personal
jurisdiction over, a party or a child is not necessary or sufficient to make a
child custody determination.

UCCJEA & Child Custody Cases In Alexandria Virginia

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Notification Relocation Virginia Lawyer Alexandria Child Custody

16 Monday Dec 2013

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Notification Of Relocation In Child Custody Cases In Alexandria – Virginia Lawyers

Notification Of Relocation In Child Custody Cases In Alexandria Virginia

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VIRGINIA LAWYERS – NOTIFICATION OF RELOCATION IN CHILD CUSTODY CASES

Va. Code Ann. 20-124.5

20-124.5. Notification of relocation

In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days’ advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise. The court may require that the notice be in such form and contain such information as it deems proper and necessary under the circumstances of the case.

VIRGINIA- NOTIFICATION OF RELOCATION TABLE

Virginia Statute

Notice
Va. Code Ann. 20-124.5Notification of relocation In any proceeding involving custody or visitation,

  1. The court shall include as a condition of any custody or visitation order a requirement that thirty days’ advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise.
  2. The court may require that the notice be in such form and contain such information as it deems proper and necessary under the circumstances of the case.

 

Notification Of Relocation In Child Custody Cases In Alexandria Virginia

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Remarriage Spousal Support Cease Alexandria Virginia Law 20-110

16 Monday Dec 2013

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Remarriage Shall Cause Spousal Support/Maintenance To Cease In Alexandria – Virginia Lawyers

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Virginia

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ALEXANDRIA VIRGINIA LAWYERS – MARRIAGE & DIVORCE

Va. Code Ann. §20-110

§ 20-110. Maintenance and support for a spouse to cease on remarriage.

If any former spouse to whom support and maintenance has been awarded shall thereafter marry, such support and maintenance shall cease as of the date of such marriage. The spouse entitled to current support shall have an affirmative duty to notify the payor spouse immediately of such remarriage. Failure of such spouse to notify the payor shall entitle the payor to restitution equal to the amount of any current support and maintenance paid after the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney’s fees and costs.

ALEXANDRIA VIRGINIA-MAINTENANCE AND SUPPORT FOR SPOUSE TO CEASE ON REMARRIAGE

Virginia Statute

Provisions
Va. Code Ann. §20-110Maintenance and support for a spouse to cease on remarriage If any former spouse to whom support and maintenance has been awarded shall thereafter marry, Such support and maintenance shall cease as of the date of such marriage.
  1. The spouse entitled to current support shall have an affirmative duty to notify the pay or spouse immediately of such remarriage.
  2. Failure of such spouse to notify the pay or shall entitle the pay or to restitution equal to the amount of any current support and maintenance paid after the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney’s fees and costs.

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Alexandria – Virginia Lawyers

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Property Settlement Agreement Alexandria Virginia Law

16 Monday Dec 2013

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Separation/Property Settlement Agreement Cases In Alexandria – Virginia Lawyers

Separation/Property Settlement Agreement Cases In Alexandria Virginia

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ALEXANDRIA VIRGINIA LAWYERS – PROPERTY SETTLEMENT AGREEMENT STATUTE

Va. Code Ann. § 20-155

§ 20-155. Marital agreements

Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution. If the terms of such agreement are (i) contained in a court order endorsed by counsel or the parties or (ii) recorded and transcribed by a court reporter and affirmed by the parties on the record personally, the agreement is not required to be in writing and is considered to be executed. A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

ALEXANDRIA VIRGINIA LAWYERS – MARITAL AGREEMENT STATUTE

Virginia Statute

Marital/Separation Agreements

Va. Code Ann. § 20-155 Marital/Separation agreements Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution.
Va. Code Ann. § 20-155Marital/Separation agreements The agreement is not required to be in writing and is considered to be executed if the terms of such agreement are

  1. Contained in a court order endorsed by counsel or the parties or
  2. Recorded and transcribed by a court reporter and affirmed by the parties on the record personally
Va. Code Ann. § 20-155Marital/Separation agreements

 

 A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

Separation/Property Settlement Agreement Cases In Alexandria Virginia

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