Fairfax Family Law And Divorce Attorney Claudia Zucker Discusses Jurisdiction In Custody And Visitation Matters

When clients come to my Fairfax family law practice, there is an assumption that they will be able to resolve their disputes in the Fairfax Juvenile and Domestic Relations District Court (J&DR Court)—which oversees most juvenile matters, including custody and visitation. However, this is not always the case. Before the Fairfax J&DR Court can hear your case, your attorney will have to demonstrate that one of the following conditions applies:

• The Commonwealth of Virginia is the home state of the child or was the home state of the child in the past six months. In the latter case, one of the parents must still have sufficient ties with the state (i.e. residency and intent to remain in Virginia).

• The child has no other home state and the court of another state does not claim jurisdiction. Again, one of the parent's must have sufficient ties to the Commonwealth of Virginia.

• All other states with a jurisdictional claim defer to the Fairfax J&DR Court because they have determined that it is the most appropriate jurisdiction.

The Fairfax Juvenile and Domestic Relations District Court may also decline to hear a child custody or visitation case if it determines that it is an inconvenient forum and that there is a jurisdiction that would be more appropriate to hear it. Before making this sort of determination, the court will examine:

• If there are any domestic violence implications that might be exacerbated or mitigated by moving the case to or from another jurisdiction.

• The period of time the child has resided outside of Virginia.

• The geographical distance between the court that would assume the cases and the Fairfax Juvenile and Domestic Relations District Court.

• Any agreement between the two parents on jurisdiction.

• The financial position of all parties involved.

• The type and location of evidence that is necessary to determine the case.

• The ability of the respective courts to decide the case expeditiously.

• The familiarity of the courts with the facts of the case in question.

For instance, if a child has been residing in a neighboring state for several months, and proceedings have already begun in that jurisdiction, it might not make sense to drag the case back and start over in Fairfax. Conversely, if the mother fled from the father because of domestic violence, the Fairfax J&DR Court might determine that bringing her and her child back to within the father's reach would be unwise.

Whether you are divorcing and need to resolve child custody issues, or you need to modify a custody or visitation agreement, you should retain the services of a qualified Virginia family law attorney before proceeding.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a divorce attorney? Do you have questions about jurisdiction in a child custody dispute? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.