Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.
That being said, if you would like me to work on an answer for you, and in order to bette. r assist you, could you please clarify for me:
1. How long have you lived in VA?
I look forward to getting to work on this for you. Hang in there!
S. Joy, Legal Expert
Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.
A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
Because there is a pending case in CA and VA has no jurisdiction at this point because the children have not lived there for at least 6 months, you will have to defend in CA. It is unlikely that you will get it moved to VA, since he filed first in CA while CA still had jurisdiction. Thus, your best course of action is be prepared for CA and defending there. In addition to showing that you are the best custodial parent for the children, you will want to show that it is in their best interests to moved, as you have done, to VA, despite the difficulties it will put on their ability to maintain visitation with their other parent. This can be done, if applicable, by showing that you had better job invite, that the school they are now going to is superior, that you have extended family of support in the Virginia locale, that such a family is very close with the children, that they have superior extra curricular activities, etc., and that you will be able and willing to provide the children with adequate visitation with the other parent, in light of the significant distance. I.e. that parent gets all school vacations and summer vacation periods, to make up for the lack of ability to see them every week. You may also have to be willing to pay a significant part of their airfare for this travel, so be prepared to show you can afford this move. Also, IF the other parent did express an OK for the move, present proof of that and it will be a favoring factor (i.e. if you used emails, etc., and that parent said it was fine, 'so long as I get all vacation times plus summers' or some other such language confirming that he led you to believe you had permission, that could go a long way to convincing the court that it was in the childrens best interests, etc.)
It is unfortunate that you have to defend in CA, but that is one of the risks of moving without the permission of the other parent, when you are taking the other parents children far away to a place that does not have jurisdiction and won't become the home state for 6 months.
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I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks
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