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Divorce Property Rights Virginia Law Fairfax 20-111

Divorce Shall Cause Property Rights To Cease In Fairfax – Virginia Lawyers

Divorce Shall Cause Property Rights To Cease In Fairfax Virginia

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Divorce Property Rights Virginia Law Fairfax
Divorce Property Rights Virginia Law Fairfax

FAIRFAX VIRGINIA LAWYERS – DIVORCE & PROPERTY RIGHTS

Va. Code Ann. § 20-111

§ 20-111. Decree of divorce from bond of matrimony extinguishes contingent property rights

Upon the entry of a decree of divorce from the bond of matrimony, all contingent rights of either consort in the real and personal property of the other then existing, or thereafter acquired, including the right of survivorship in real or personal property title to which is vested in the parties as joint tenants or as tenants by the entirety, with survivorship as at common law, shall be extinguished, and such estate by the entirety shall thereupon be converted into a tenancy in common.

FAIRFAX VIRGINIA – DIVORCE & PROPERTY RIGHTS

Virginia Statute

Right Over Property

Va. Code Ann. § 20-111Contingent Property Rights. Upon the entry of a decree of divorce from the bond of matrimonyall contingent rights of either consort in the real and personal property of the other then existing, thereafter acquired, including

  1. the right of survivorship in real or
  2. personal property title

to which is vested in the parties as joint tenants or as tenants by the entirety, with survivorship as at common law, shall be extinguished. and

Such estate by the entirety shall thereupon be converted into a tenancy in common

Divorce Shall Cause Property Rights To Cease In Fairfax Virginia

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Violation Court Order Custody Visitation Virginia Law Fairfax 18.2-49.1

Charged With Violating A Court Order Regarding Custody/Visitation Defense In Fairfax – Virginia Lawyers

There are many different penalties for Violating A Court Order Regarding Custody/Visitation charges in Fairfax Virginia.

If you have been charged with Violating A Court Order Regarding Custody/Visitation in Virginia, contact our law firm immediately for help.

Violating A Court Order Regarding Custody/Visitation Defense In Fairfax Virginia

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Violation Court Order Custody Visitation Virginia Law Fairfax
Violation Court Order Custody Visitation Virginia Law Fairfax

Va. Code Ann. §18.2-49.1

§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty

A. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.

VIOLATION OF COURT ORDER REGARDING CUSTODY AND VISITATION; PENALTY

Virginia Statute

Description

Penalties

Va. Code Ann. §18.2-49.1.KIDNAPPING AND RELATED OFFENSES. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth. Class 6 felony.
Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child First violation Class 3 misdemeanor
Second violation within 12 months of a first conviction Class 2 misdemeanor,
Third violation occurring within 24 months of the first conviction Class 1 misdemeanor.

Violating A Court Order Regarding Custody/Visitation Defense In Fairfax Virginia

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Property Settlement Agreement Virginia Law Fairfax

Separation/Property Settlement Agreement Cases In Fairfax – Virginia Lawyers

Separation/Property Settlement Agreement Cases In Fairfax Virginia

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Property Settlement Agreement Virginia Law Fairfax
Property Settlement Agreement Virginia Law Fairfax

FAIRFAX VIRGINIA LAWYERS – PROPERTY SETTLEMENT AGREEMENT STATUTE

Va. Code Ann. § 20-155

§ 20-155. Marital agreements

Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution. If the terms of such agreement are (i) contained in a court order endorsed by counsel or the parties or (ii) recorded and transcribed by a court reporter and affirmed by the parties on the record personally, the agreement is not required to be in writing and is considered to be executed. A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

FAIRFAX VIRGINIA LAWYERS – MARITAL AGREEMENT STATUTE

Virginia Statute

Marital/Separation Agreements

Va. Code Ann. § 20-155 Marital/Separation agreements Married persons may enter into agreements with each other for the purpose of settling the rights and obligations of either or both of them, to the same extent, with the same effect, and subject to the same conditions, as provided in §§ 20-147 through 20-154 for agreements between prospective spouses, except that such marital agreements shall become effective immediately upon their execution.
Va. Code Ann. § 20-155Marital/Separation agreements The agreement is not required to be in writing and is considered to be executed if the terms of such agreement are

  1. Contained in a court order endorsed by counsel or the parties or
  2. Recorded and transcribed by a court reporter and affirmed by the parties on the record personally
Va. Code Ann. § 20-155Marital/Separation agreements

 

A reconciliation of the parties after the signing of a separation or property settlement agreement shall abrogate such agreement unless otherwise expressly set forth in the agreement.

Separation/Property Settlement Agreement Cases In Fairfax Virginia

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Remarriage Spousal Support Cease Virginia Law Fairfax 20-110

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Fairfax – Virginia Lawyers

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Virginia

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Remarriage Spousal Support Cease Virginia Law Fairfax
Remarriage Spousal Support Cease Virginia Law Fairfax

FAIRFAX VIRGINIA LAWYERS – MARRIAGE & DIVORCE

Va. Code Ann. §20-110

§ 20-110. Maintenance and support for a spouse to cease on remarriage.

If any former spouse to whom support and maintenance has been awarded shall thereafter marry, such support and maintenance shall cease as of the date of such marriage. The spouse entitled to current support shall have an affirmative duty to notify the payor spouse immediately of such remarriage. Failure of such spouse to notify the payor shall entitle the payor to restitution equal to the amount of any current support and maintenance paid after the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney’s fees and costs.

FAIRFAX VIRGINIA-MAINTENANCE AND SUPPORT FOR SPOUSE TO CEASE ON REMARRIAGE

Virginia Statute

Provisions

Va. Code Ann. §20-110Maintenance and support for a spouse to cease on remarriage If any former spouse to whom support and maintenance has been awarded shall thereafter marry, Such support and maintenance shall cease as of the date of such marriage.
  1. The spouse entitled to current support shall have an affirmative duty to notify the pay or spouse immediately of such remarriage.
  2. Failure of such spouse to notify the pay or shall entitle the pay or to restitution equal to the amount of any current support and maintenance paid after the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney’s fees and costs.

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Fairfax – Virginia Lawyers

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Notification Relocation Virginia Lawyer Child Custody Fairfax

Notification Of Relocation In Child Custody Cases In Fairfax – Virginia Lawyers

Notification Of Relocation In Child Custody Cases In Fairfax Virginia

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Notification Relocation Virginia Lawyer
Notification Relocation Virginia Lawyer

VIRGINIA LAWYERS – NOTIFICATION OF RELOCATION IN CHILD CUSTODY CASES

Va. Code Ann. 20-124.5

20-124.5. Notification of relocation

In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days’ advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise. The court may require that the notice be in such form and contain such information as it deems proper and necessary under the circumstances of the case.

VIRGINIA- NOTIFICATION OF RELOCATION TABLE

Virginia Statute

Notice

Va. Code Ann. 20-124.5Notification of relocation In any proceeding involving custody or visitation,

  1. The court shall include as a condition of any custody or visitation order a requirement that thirty days’ advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise.
  2. The court may require that the notice be in such form and contain such information as it deems proper and necessary under the circumstances of the case.

 

Notification Of Relocation In Child Custody Cases In Fairfax Virginia

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

UCCJEA Virginia Law Child Custody Fairfax

UCCJEA & Child Custody Cases In Fairfax – Virginia Lawyers

UCCJEA & Child Custody Cases In Fairfax Virginia

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UCCJEA Virginia Law Child Custody Fairfax
UCCJEA Virginia Law Child Custody Fairfax

VIRGINIA ATTORNEYS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE (UCCJEA)

Va. Code Ann. 20-146.12

20-146.12. Initial child custody jurisdiction pursuant to the UCCJEA

A. Except as otherwise provided in 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:

1. This Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;

2. A court of another state does not have jurisdiction under subdivision 1, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under 20-146.18 or 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships;

3. All courts having jurisdiction under subdivision 1 or 2 have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under 20-146.18 or 20-146.19; or

4. No court of any other state would have jurisdiction under the criteria specified in subdivision 1, 2, or 3.

B. Subsection A is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.

C. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE

Virginia Statute  Description 
Va. Code Ann. 20-146.12(A)Initial child custody jurisdiction

Except as otherwise provided in 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:

 

  • This Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;
  • A court of another state does not have jurisdiction under subdivision 1, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under 20-146.18 or 20-146.19, and
    1. the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and
    2. substantial evidence is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships;
  • All courts having jurisdiction under subdivision 1 or 2 have declined to exercise jurisdiction on the ground that a court of this
  • No court of any other state would have jurisdiction under the criteria specified in subdivision 1, 2, or 3.

 

Va. Code Ann. 20-146.12(B) Subsection A is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth. 
Va. Code Ann. 20-146.12(C) Physical presence of, or personal
jurisdiction over, a party or a child is not necessary or sufficient to make a
child custody determination.

UCCJEA & Child Custody Cases In Fairfax Virginia

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Child Custody Modification Virginia Law Fairfax

Child Custody Modification Cases In Fairfax – Virginia Lawyers

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Child Custody Modification Virginia Law Fairfax
Child Custody Modification Virginia Law Fairfax

20-146.14

20-146.14. Jurisdiction to modify determination.

Except as otherwise provided in 20-146.15, a court of this Commonwealth may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of 20-146.12 and:

  1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under 20-146.13 or that a court of this Commonwealth would be a more convenient forum under 20-146.18; or
  2. A court of this Commonwealth or a court of the other state determines that neither the child, the child’s parents, nor any person acting as a parent presently reside in the other state.

Virginia Statute

Description

Condition

Va. Code 20-146.14 Jurisdiction to modify determination A court may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of 20-146.12, except as otherwise provided in 20-146.15 and:

  1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under 20-146.13 or that this court would be a more convenient forum under 20-146.18
  2. A court of this Commonwealth or a court of the other state determines that neither the child, the child’s parents, nor any person acting as a parent presently reside in the other state

Child Custody Modification Cases In Fairfax Virginia

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Emergency Custody Virginia Law Fairfax

Emergency Custody Cases In Fairfax – Virginia Lawyers

Emergency Custody Cases In Fairfax Virginia

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Emergency Custody Virginia Law Fairfax
Emergency Custody Virginia Law Fairfax

20-146.15

20-146.15. Temporary emergency jurisdiction.

A. A court of this Commonwealth has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or if it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to mistreatment or abuse or placed in reasonable apprehension of mistreatment or abuse or there is reasonable apprehension that such person is threatened with mistreatment or abuse.

B. If there is no previous child custody determination that is entitled to be enforced under this act and a child custody proceeding has not been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section becomes a final determination, if it so provides and this Commonwealth becomes the home state of the child.

C. If there is a previous child custody determination that is entitled to be enforced under this act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, any order issued by a court of this Commonwealth under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction. The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or until the period expires.

D. A court of this Commonwealth that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, shall immediately communicate with the other court. A court of this Commonwealth that is exercising jurisdiction pursuant to 20-146.12, 20-146.13 or 20-146.14, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Description

Virginia Statute

Condition

Temporary emergency jurisdiction Va. Code 20-146.15(A) A court has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or if it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to mistreatment or abuse or placed in reasonable apprehension of mistreatment or abuse or there is reasonable apprehension that such person is threatened with mistreatment or abuse.
Va. Code 20-146.15(B) If there is no previous child custody determination that is entitled to be enforced under this act and a child custody proceeding is pending in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction.If a child custody proceeding has not been or is not commenced in such court, a child custody determination made under this section becomes a final determination, if it so provides and this Commonwealth becomes the home state of the child.
Va. Code 20-146.15(C) If there is a previous child custody determination that is entitled to be enforced under this act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under 20-146.12, 20-146.13 or 20-146.14, any order issued by a court of this Commonwealth under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction. The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or until the period expires.
Va. Code 20-146.15(D) A court of this Commonwealth that has been asked to make a child custody determination upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction shall immediately communicate with the other court. A court of this Commonwealth that is exercising jurisdiction upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Emergency Custody Cases In Fairfax Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Simultaneous Proceedings Virginia Law Fairfax

Simultaneous Proceedings Cases In Fairfax – Virginia Lawyers

Simultaneous Proceedings Cases In Fairfax Virginia

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Simultaneous Proceedings Virginia Law Fairfax
Simultaneous Proceedings Virginia Law Fairfax

FAIRFAX VIRGINIA LAWYERS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE

Va. Code Ann. §20-146.17

§ 20-146.17. Simultaneous proceedings.

A. Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been previously commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under § 20-146.18.

B. Except as otherwise provided in § 20-146.15, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 20-146.20. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.

C. In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

    1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
    2. Enjoin the parties from continuing with the proceeding for enforcement; or
    3. Proceed with the modification under conditions it considers appropriate.

VIRGINIA LAWYERS – SIMULTANEOUS PROCEEDINGS

Virginia Statute

Description

Va. Code Ann. §20-146.17(A)Simultaneous proceedings Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if,

  1. At the time of the commencement of the proceeding,
  2. A proceeding concerning the custody of the child has been previously commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or
  3. Is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under § 20-146.18.
Va. Code Ann. §20-146.17(B)  Except as otherwise provided in § 20-146.15, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 20-146.20.

  1. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state.
  2. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.
Va. Code Ann. §20-146.17(C)Simultaneous proceedings In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

  1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
  2. Enjoin the parties from continuing with the proceeding for enforcement; or
  3. Proceed with the modification under conditions it considers appropriate.

Simultaneous Proceedings Cases In Fairfax Virginia

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Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Inconvenient Forum Virginia Law Fairfax

Inconvenient Forum Cases In Fairfax – Virginia Lawyers

Inconvenient Forum Cases In Fairfax Virginia

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Inconvenient Forum Virginia Law Fairfax
Inconvenient Forum Virginia Law Fairfax

FAIRFAX VIRGINIA LAWYERS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT STATUTES

Va. Code Ann. §20-146.18

§ 20-146.18. Inconvenient forum.

A. A court of this Commonwealth that has jurisdiction under this act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court’s own motion, or request of another court.

B. Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to present evidence and shall consider all relevant factors, including:

Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

    1. The length of time the child has resided outside this Commonwealth;
    2. The distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;
    3. The relative financial circumstances of the parties;
    4. Any agreement of the parties as to which state should assume jurisdiction;
    5. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
    6. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
    7. The familiarity of the court of each state with the facts and issues in the pending litigation.

C. If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

D. A court of this Commonwealth may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

FAIRFAX VIRGINIA LAWYERS – INCONVENIENT FORUM

Virginia Statute

Jurisdiction

Va. Code Ann. §20-146.18(A)Inconvenient forum A court of this Commonwealth that has jurisdiction under this act

  1. To make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.
  2. The issue of inconvenient forum may be raised upon the motion of a party, the court’s own motion, or request of another court.

 

Va. Code Ann. §20-146.18(B)Inconvenient forum Before determining whether it is an inconvenient forum, a court of this Commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to present evidence and shall consider all relevant factors, including:

  1. Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
  2. The length of time the child has resided outside this Commonwealth;
  3. The distance between the court in this Commonwealth and the court in the state that would assume jurisdiction;
  4. The relative financial circumstances of the parties;
  5. Any agreement of the parties as to which state should assume jurisdiction;
  6. The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
  7. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
  8. The familiarity of the court of each state with the facts and issues in the pending litigation.

 

Va. Code Ann. §20-146.18(C)  If a court of this Commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. 
Va. Code Ann. §20-146.18(D)  A court of this Commonwealth may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. 

Inconvenient Forum Cases In Fairfax Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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