By Rob Hagy, Law Offices of Rob Hagy, P.C., 154 Hansen Road, Suite 202B, Charlottesville, Virginia. Call (434)293-4562 for more information or email for more information at firstname.lastname@example.org. I look forward to helping you!
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In the case of Miller-Jenkins v. Miller-Jenkins, the Virginia Court of Appeals ruled that the trial court improperly adjudicated the parental rights of a lesbian couple who were joined in a Vermont civil union . The parties separated. One party stayed in Vermont. The other moved to Virginia with the parties' daughter. A Vermont court issued an order concerning the parties' parental rights concerning the child. After that order was entered, the Virginia trial court entered another order covering the same matters. The trial court should not have entered the second order because, the Court of Appeals ruled, the Parental Kidnapping Prevention Act, 28 U.S.C. Section 1738A, prevented the trial court from exercising jurisdiction in the first place. The Vermont, and not the Virginia orders, are entitled to full faith and credit.
In the case of E.N. v. E.S., the Massachusetts Court of Appeals ruled that a habeas corpus judgment obtained by father in Puerto Rico awarding him custody of parties' older child was not entitled to full faith and credit in Massachusetts under Parental Kidnapping Prevention Act (PKPA), as Puerto Rico was not child's "home state" within six months preceding filing of habeas corpus petition as required by PKPA. The child had left Puerto Rico with the mother at a time when there was no outstanding order awarding custody to father or prohibiting the child's removal, and, as such, Puerto Rico was no longer child's home state and had not been within six months preceding filing of habeas corpus petition.
Virginia Code Section 20-108.2 This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.
Virginia Code Section 20-124.3 This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.