On the assumption that VA law is like that here in Mass and in NY, your daughter may not have been able to move without his consent or court approval. I say "may" only because I am not aware of their marital status or whether he has yet to be legally established as the father. Whatever his status up until now, he still has the right to petition to establish paternity and get involved, and that will mean he possibly gains rights of both custody and visitation and the obligation of child support. If he lied to gain a temporary custody ruling, I presume that lie can be easily demonstrated to his ultimate disadvantage. Your daughter needs to retain a family law attorney in VA. She needs to seek sole physical custody. If he is irresponsible and they can't make decisions together, she needs to seek sole legal custody. She needs to get approval of her move to NY, demonstrating that it is in the best interests of the child to be there and there is advantage to her. She needs to ask for child support by wage assignment. She needs to bring up his history of non-involvement to date and any present circumstances in his life that would argue against custody to him. His juvenile record may be irrelevant. She really needs the help of an attorney to do this.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
Your daughter must respond as soon as possible to the litigation in Va., including possibly moving to vacate the prior court order and citing compelling circumstances. Unfortunately, as she is in NY, she may be quite inconvenienced by addressing litigation in Va. Even though he has a terrible history, unless she fights what he is doing, the worst things may happen.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
Your daughter should file a competing petition in a New York Court. Generally, the state where the child resides is considered the home state. This is a jurisdictional question that needs more facts to analyze. She should contact an Attorney in Virginia before making any kind of appearance. Also, he must establish paternity before having any right to petition. The custody award in Virginia may not apply if she was never properly served the petition for custody.
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