Friday, December 14, 2012
Is it legal for a lawyer from Virginia to send via mail an order of motion?
Q: My sons father was awarded custody on June 30,2010 in the Bronx county family court and he resided in New Jersey, he passed away in virginia on November 17,2012 and the family is claiming that he has been living there(in virginia) since June 2012 and that my son has been attending school in Virginia since September 2012 therefore they are asking for a motion for opportunity to present facts and legal arguments pursuant to Virginia code 20-146.9v and to determine jurisdiction pursuant to Virginia code 20-146.18
David’s answer: Whether service is valid depends on Virginia law, so I highly advise that you also consult a Virginia attorney. That said, if you wish to petition for custody & have the case heard in the Bronx, then I also highly suggest you consult a Bronx Co. Family Law attorney to discuss filing a counter-petition here. -- David Bliven