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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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My daughter and her estranged husband, filed for divorce in

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My daughter and her estranged husband, filed for divorce in Virginia. My daughter and grandchildern have moved to California and the ex has moved to Michigan. He is trying to change jurisdiction from Virginia to California, believing that California laws on joint custody are stricter than Virginia's. He wants to dominate and control my daughter and grandchildren. He has not visited the kids in the 2 years that they have been in California and has no reason to doubt their care. My daughter has always encouraged his interaction with the kids. They have weekly webcam visits at a set time.

The final decree is being held up because of the changes that he wants to make. Can he force the change of jurisdiction?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ellen replied 4 years ago.
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Unfortunately he may be able to change jurisdiction to California. Virginia was considered the home state at the time that the divorce/custody was filed. Typically jurisdiction remains in the home state however there is an exception in a situation where none of the parties reside in that state. Since all parties reside in a state other than Virginia and the children and your daughter reside in California, the California court may take jurisdiction

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