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Custody in lynchburg I have full custody of my son in

Customer Question
Custody in lynchburg Virginia I have...
Custody in lynchburg Virginia
I have full custody of my son in California
No custody order for my daughter in lynchburg
Ex BF refusing to give them back
Submitted: 1 month ago.Category: Family Law
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Answered in 22 minutes by:
3/18/2018
Family Lawyer: RayAnswers, Lawyer replied 1 month ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 46,312
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 1 month ago
Ok thank you
Family Lawyer: RayAnswers, Lawyer replied 1 month ago

You can file motion for contempt here in California since the kids live with you.You would file in court where existing orders are.You can have contempt warrant issued and they would pick him up and force him to turn over kids.Once you have the order hopefully the police will agree to help you here.

Form you need to file

http://www.courts.ca.gov/documents/fl410.pdf

The proof necessary to hold an accused in contempt are as follows:

1. There must be a valid court order. Vague court orders that are not clear and specific are difficult to enforce in contempt proceedings.

2. The accused must have knowledge of the court order. In most situations, the accused has personally received a copy of the order or was present in court when the court order was made. In those unique situations where the accused was not served with the court order and was not present in court, whether or not his or her attorney’s knowledge of the court order can be used to infer knowledge to the accused can get complex.

3. The accused must have willfully violated the court order.In this case it is clear that he has done so.

I wish you the best here, so sorry that you are having to deal with this.

If you can positive rate 5 stars it is much appreciated.,Prayers to you here.

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Customer reply replied 1 month ago
The kids lived in lynchburg for 1 year. They are over there. No custody. Order for the youngest one but the ex bf said since they lived in Lynchburg one year the court order in california is not valid
Family Lawyer: RayAnswers, Lawyer replied 1 month ago

So you would need a Virginia lawyer if this has been that long Virginia ash jurisdiction.Been too long to contempt him in California.

Virginia Lawyer Referral Services  

Attorney referral service in Richmond, Virginia

Address: 1111 E Main St Suite 700, Richmond, VA 23219

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Customer reply replied 1 month ago
But the judge said virginia has no jurisdiction of thr court order
California order stands thats why they force her fir visitation Friday due to court order in Cali
Then he refused to give them back
Customer reply replied 1 month ago
This is for my daughter im helping getting info for her
Family Lawyer: RayAnswers, Lawyer replied 1 month ago

If the kids are in Virginia for over six months then jurisdiction was transferred there under Interstate Compact.If he kept them after a spring break and you filed the next week you would do it in California.The delay has caused this to become something to fight out in Virginia if the kids lived there with other parent for this long.

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