child custody battle

[Finbarr]

My nephew was recenly taken from his home state of New York to Virginia by his mother. She didn't give my brother (the father of the baby) any notification of the move. Now, my brother is suing for full custody. They were not married and had an agreement between them to "share" the custody of their son. She is suppose to appear at a hearing in the N.Y.. She has recently attained a lawyer in Virginia. Can she file for custody there? She hasn't even been there a month. Does she have to return to N.Y. for the custody hearing or can she come up with a legal excuse to prolong this battle? Thank you for your input.

 

[LegalBeagle]

My nephew was recenly taken from his home state of New York to Virginia by his mother. She didn't give my brother (the father of the baby) any notification of the move. Now, my brother is suing for full custody. They were not married and had an agreement between them to "share" the custody of their son. She is suppose to appear at a hearing in the N.Y.. She has recently attained a lawyer in Virginia. Can she file for custody there? She hasn't even been there a month. Does she have to return to N.Y. for the custody hearing or can she come up with a legal excuse to prolong this battle? Thank you for your input.

NY seems to have jurisdiction so getting an attorney in VA was a waste of her money. If she does not show at the hearing in NY then she could lose by default. However, he will then have to file a foreign order in VA to enforce. It will be a lot harder for her to fight if she has already lost custody.. but, he will have to also retain an attorney in VA to enforce.. confused ?