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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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I am filing for reduction to modify child support from ...

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I am filing for reduction to modify child support from 2 to 1 child per divorce decree stating when child turns 18 and has graduated c/s is no longer required. Support was established in VA. Custodial parent moved to NY right after. VA has jurisdiction over modifications. Since there will be only one vchild left after this modification, can I move out of VA to seek employment without UIFSA allowinng custodial parent to seek jurisdiction? Can I request this in my motion for modification? Thanks
Submitted: 8 years ago.
Category: Family Law
Expert:  JD 1992 replied 8 years ago.
Most states lose juridiction six months after the child resides in another state even though the order may say they retain jurisdiction. Upon the filing of any action the court is mandated to move it to the new state.

You can request to be allowd to move in your modification, however that is an additional ground for the case ot be moved to another state. Under UIFSA the court can't retain jurisdiction if it is acquired by another state under that other state's laws.

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