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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31016
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My daughter got a divorce in. Her former spouse came back

Customer Question

My daughter got a divorce in Virginia. Her former spouse came back and got primary custody of her 2 daughters. She moved home to California and has had sparse visits with them due to distance and expense. Her former spouse has now moved to California, but they need to go back to court to clarify visitations. Does the court still need to be in Virginia or, with him being a California resident, does the case need to be seen in California courts?
Submitted: 4 months ago.
Category: Family Law
Expert:  Roger replied 4 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 4 months ago.
If the case is currently in VA, that court would have jurisdiction unless either party files a motion to transfer the case to CA.
That said, the case should be eligible to be moved to CA if the children have lived there for at least 6 months.
Expert:  Roger replied 4 months ago.
either party can file a motion to transfer the case to the CA court for the county where the children live. The VA court should approve the transfer.

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