Surrogacy Virginia Lawyer Richmond Custody Visitation Birth Certificate
Catherine v. Edward
A mother appealed the registration, by the domestic relations court which was affirmed by the Circuit Court (Virginia), of the entirety of four custody and visitation orders from a North Carolina court adjudicating custody and visitation over a minor child, as between the mother, the biological father, and the father named on the birth certificate. A surrogacy agreement had been entered in to with the biological mother prior to the birth of the child.
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The Virginia Court made the following holding:
- An enforcement proceeding and a modification proceeding are distinctly separate proceedings. Va. Code Ann. § 20-146.1 defines the term child custody determination as a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, or modification order. A child custody proceeding is defined to include modification proceedings, but the definition specifically excludes enforcement proceedings. Va. Code Ann. § 20-146.1. Thus, by definition, a modification proceeding and an enforcement proceeding are distinct from one another.
- A child custody determination can only be modified if the jurisdictional requirements of Article 2 of the Uniform Child Custody Jurisdiction and Enforcement Act are met, Va. Code Ann. § 20-146.14, whereas a child custody determination can be registered under Article 3 of the Uniform Child Custody Jurisdiction and Enforcement Act regardless of whether the registering state has jurisdiction over any of the parties, Va. Code Ann. § 20-146.26.
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Article written by A Sris
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.