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My husband just filed for divorce in CA. I live in VA with

my daughter. This weekend my...
My husband just filed for divorce in CA. I live in VA with my daughter. This weekend my daughter is supposed to fly to CA to be with her dad for a few weeks this summer but
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I am in VA but he filed for divorce in CA.
JA: Has anything been filed or reported?
Customer: We do not have a custody agreement though and until now my daughter has lived with me here in virginia. But this weekend he is coming to get her for a supposed visit for a few weeks. But everyone I know is saying not to let her go cause once he has her I will have to fight like crazy to get her back.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need to know what I should do. Hire a lawyer to do an emergancy contract or something?
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6/29/2017
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,024
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Have you been served with anything regarding the divorce that addresses visitation or custody?

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Customer reply replied 5 months ago
I just received today a notice of case assignement that says I am a respondant... a questionaire type thing.. and a notice to appear at a self represented family resolution conference hearing.. The only thing that mentions custody is what he marked on the questionare.

Thank you for the reply. From a legal standpoint, you have just as much of a right to the child as he does and if she is in your custody and you think he intends to keep her in CA and not return her, you can exercise discretion and not send her. Unless and until the Judge orders otherwise, you can decide to keep her, which would then require him to obtain an order from the court, regarding visitation or even custody, if he tires to get it. The fact that he filed for divorce does not necessarily mean he is not going to honor the agreement which you had in place for her to see him this summer but if you have concerns about him returning her, it is at your discretion on how to act.

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Customer reply replied 5 months ago
I wasn't concerned until today. Is there some sort of form or something that I can get temporarily that says I am to maintain physical custody and he will return her to her home.

You can try and get him to sign a document, advising of the same but even if he signs it and decides to keep her,you then have to go fight for her return. Prior to sending her, you can consult with local counsel, who can prepare a temporary agreement while this is pending but seeing how this was filed in CA, a VA attorney really could not do much to help. I know it is not ideal but you should speak with him about this and get a sense for what he intends to do.

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Customer reply replied 5 months ago
ok. thank u

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,024
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
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