Question:
I was just notified of a court date where my children's father is seeking sole custody of my children. Background of the case is that I was court ordered not to move out of the state of Virginia. After this, my children's father was convicted of child abuse and a restraining order was put into place. The restraining order ended in January and it has been almost 4 months since it was over. Since then, their father hasn't bothered to contact them even though he knows my address and phone number. When the restraining order was put into place, my children were being harrassed at school by their teacher who is a friend of their fathers. I pulled them out of that school, wrote a letter to the courts explaining that I was moving to Louisiana and why. The letter included my new address and phone numbers. Five months later I was taken to court by my children's father on a "show cause" for moving out of state. The show cause was dropped and nothing happened. It has been almost a year since then and I now received a letter in the mail from the courts saying that I am to appear in court in a month. Since I have lived in the state of Louisiana for almost a year and half, am I legally obligated to appear in court in Virginia.
Answer:
I am not licensed to practice law in Virginia. You should also seek advice from an attorney in Virginia. Based on the information you provided, Virginia still has jurisdiction over the case and you. Meaning you must appear in Virginia. You may be able to appear by phone if the Court will allow it. Not appearing could result in a default judgment against you. If you are not there then the only evidence the court will hear will be that of your ex-husband. They could grant his request for custody if you are no there to tell your side of the story. I strongly recommend you contact an attorney in Virginia to discuss your options but regardless appear in court.
