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Roger, Attorney
Category: Family Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I went to court yesterday in the matter of custody, child support,

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I went to court yesterday in the matter of custody, child support, and visitation. I did not get a fair trial because I did not have a lawyer. I did not have a lawyer for two reasons, 1. the first lawyer that I had was losing my cases so I let him go, an 2. I figured if I did not contest the issue of joint legal custody, the child support would be agreed upon solely based off of our incomes and that I did not need an attorney for this. My child's father had an attorney because he doesn't pay child support, therefore he could afford it. The question that I have is can I ask for a retrial? (This took place in the commonwealth of Virgina)
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question and I'm sorry for the trouble you've had with this situation.

You can file a motion to reconsider, but unless you have some grounds to claim that the judge mis-interpreted some law to the facts, that may be futile. Also, you could file an appeal of the decision if you believe the court didn't follow the law and ask the appeals court to review the trial court's actions.

The only other thing you can do is file a motion to MODIFY the current order that was just entered. However, you would need to show that your circumstances have changed and requires a modification - - this could be a change in where you live, a change in income, abuse of the child by the parent, that the court figured the child support incorrectly, etc.

Thus, you do have some options, but you should really consider hiring an attorney locally to assist in order to ensure you receive fair treatment and don't get taken advantage of.

Thanks for your question, and let me know if you have any additional questions.
Customer: replied 4 years ago.

I think I understand... If I move to another state, can I file a new case for child support, custody, and visitation?, and if so will it cancel out what the state of Virginia has already put in place?

The court for the state and county of the child's residence will retain jurisdiction over the case, but IF you were to move, that would be grounds to ask the court for a modification of the current order.

The Virginia court's order will not be cancelled, it would just be modified based on your move. Now if the child were to move to another state, then the new state would have jurisdiction and could enter a new order.
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