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Third party vistation -Military member resident of Ohio looking to move a case to Ohio that started in VA nine years ago.

Columbus, OH |
Filed under: Military law Family law

I am military in '04 back from a deployment my parents looked to gain full custody of my son but was third party visitation instead custody was returned to myself. Is it possible to move the order to OH from VA my children and I have not lived in VA since 2008 and have not been residents of VA since 2005. Currently he flies monthly for a weekend at their expense. My son is currently in middle school and almost thirteen. My parents had no prior custody of my son before my deployment and the custody arrangement was only in case I didn't return. I have two other younger boys not involved in this arrangement. My oldest travels each month 27 days in the summer and every Christmas. I was just looking to find out the best way to make this more managable for him at his age.

Attorney Answers 4


  1. I am sorry that you are going through this and thank you for your service. Removing an action from one state to another is very difficult unless all the parties have moved to that state, please work with a local OH attny and he or she will help.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. There is the potential to move this case to Ohio. This is a fact based issue and I will need more information from you to fully address your issue. Please contact me if you would like to discuss this matter further. Linda Lawrence 614-228-3664

    Ms. Lawrence may be reached at 740-363-0990 during regular business hours, or anytime by email at: lawrence@lawrencelawoffice.com. All of Ms. Lawrence's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Lawrence is licensed to practice law in Ohio. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  3. Moving a case from one state to another can be complicated and expensive, but the facts surrounding the underlying case in Virginia, including your parents' desire to keep the case in Virginia, will all contribute to whether or not the judges in Ohio and Virginia will agree to transfer your case. I would be happy to discuss with you at a free consultation (614.593.1986). Thank you for your service.

    IMPORTANT LEGAL NOTICE: Ms. Gast's response set forth above is not legal advice and it does not create an attorney-client relationship. Ms. Gast's responses to all questions posted on AVVO are intended to provide general information based upon her understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Ms. Gast is licensed to practice law in the State of Ohio, practices mainly in Franklin and surrounding counties, and may be contacted directly via email at: mg@mglawohio.com.


  4. The Uniform Child-Custody Jurisdiction and Enforcement Act (the UCCJEA), is a law designed to deter interstate parental kidnapping and promote uniform jurisdiction and enforcement provisions in interstate child-custody and visitation cases. The UCCJEA is a uniform State law that was approved in 1997 by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The UCCJEA governs State courts’ jurisdiction to make and modify “child-custody determinations,” a term that expressly includes custody and visitation orders. The Act requires State courts to enforce valid child-custody and visitation determinations made by sister State courts. It also establishes innovative interstate enforcement procedures.

    The UCCJEA preserves exclusive, continuing jurisdiction in the decree State if that State determines that it has a basis for exercising jurisdiction. Such jurisdiction continues until the child, his or her parents, and any person acting as the child’s parent move away from the decree State. Under the UCCJEA, a court with initial jurisdiction; exclusive, continuing jurisdiction;
    or modification jurisdiction may decline to exercise jurisdiction on two grounds: inconvenient forum and unjustifiable conduct. Under section 207 of the UCCJEA, a court may, after taking into account specified factors, determine that another State is better able to decide custody. These factors include whether domestic violence has occurred and, if so, which State can best protect the parties and child; how long the child has lived out of State; where the evidence is located; and which court is most familiar with the case. The decision would be at the court’s discretion.

    Recommend that you seek advice from a Family Law attorney in Ohio that has experience with the UCCJEA and child custody issues.

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