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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am the custodial parent of my 9 year old daughter her father

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I am the custodial parent of my 9 year old daughter her father and I divorced in 2005 in the state of Ohio; my ex-husband has visitation rights. I relocated to Virginia in October of 2008. In August of 2008, I filed an intent to relocate form through the courts in Ohio and sent a certified copy to my ex, and it was not contested. The visitation schedule established with the divorce is no longer practical due to the distance and my daughter now being in school. I have been letting her spend 4-6 weeks of the summer with him, but we always get into arguments when I come to pick her back up from him. I'd like to re-establish our visitation schedule to minimize the arguments and the impact to our daughter. Would I need to go through the courts in Ohio where the divorce occurred or in Virginia; where my daughter has been an established resident for almost 5 years now? Thank you for your help!
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. In a situation like this, you would be able to proceed through the courts in Virginia, where you and your child have resided, for almost five years now. The reason being, is because Virginia is the home state where your daughter has lived for at least 6 months preceding commencement of the action and well as there being a significant connection (exists when a State has substantial evidence about a child as a result of the child’s significant connections to that State). As such, Virginia is where you could file.

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