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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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My son needs help. With his construction job he doesnt have

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My son needs help. With his construction job he doesn't have the time or experience to know what to do (nor do I). My daughter-in-law left St. Mary's county, MD with his son 13 November 2009 with no forwarding address. We hired an investagator in Marinsville, VA to locate and deliver papers 'Writ of Summons' case # XXXXX CT on 10 January 2010. She then had papers delivered to him. Tammy's papers have a court date of 07 May 2010. Please advise the path to take so James can visit his son as soon as possible.

many thanks,
Kathleen Tovsen

James B Jackson, my son, just wants to visit with his son

First of all, what kind of papers did you son serve? Divorce? And Tammy, where the papers filed in Va or MD?

Customer: replied 6 years ago.
My son served divorce and wants custody of son. Tammy filed papers in VA.

Ok. The first thing he needs to do is file a Motion to Dismiss the Divorce she filed in VA. She has not lived there long enough to meet the residency requirement to file a divorce.


In order to file a divorce in VA, you have to have lived there at least 6 months.


This should be fairly easy to accomplish. He just needs to file a Motion to Dismiss, for lack of personal jurisdiction, and file an Affidavit stating she did not move to VA until November, 2009.



From there, he needs to ask for provisional orders in his MD Divorce case. there are orders that take place during the divorce process, allowing him to visit the child immediately.


Do not worry, he will get to see the child, now and later. He has a visitation right.


It would be helpful to have a lawyer, and he should be able to find one. It is not that complicated, the lawyer you had just did not want to deal with (unfortunately, some lawyers are lazy). Find a different one.


You might contact the county bar association and see if there are any lawyers that are licensed in both VA and MD. But you should not need a lawyer to get the case dismissed in VA... it is cut and dried.


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