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December 02, 2006
"Defense of Marriage Act," Child Custody, and Civil Unions - The Virginia Answer
In a case that has been closely watched, the Virginia Court of Appeals has issued an opinion that Virginia must give full faith and credit under the Parental Kidnapping Prevention Act ("PKPA" to a custody determination made by a Vermont court growing out of a Vermont civil union, in spite of the Virginia "Marriage Affirmation Act." The opinion holds that the federal "Defense of Marriage of Act" (DOMA) does not create an exception to the PKPA and that both statutes must be given effect. The opinion includes no discussion about the relationship between Virginia's Marriage Affirmation Act and Virginia's version of the UCCJEA.
Posted on December 02, 2006 in Custody, Federal Laws-Cases, Other States | Permalink
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Main
| Unmarried "Joint Venture" Property Division »
December 02, 2006
"Defense of Marriage Act," Child Custody, and Civil Unions - The Virginia Answer
In a case that has been closely watched, the Virginia Court of Appeals has issued an opinion that Virginia must give full faith and credit under the Parental Kidnapping Prevention Act ("PKPA" to a custody determination made by a Vermont court growing out of a Vermont civil union, in spite of the Virginia "Marriage Affirmation Act." The opinion holds that the federal "Defense of Marriage of Act" (DOMA) does not create an exception to the PKPA and that both statutes must be given effect. The opinion includes no discussion about the relationship between Virginia's Marriage Affirmation Act and Virginia's version of the UCCJEA.
Posted on December 02, 2006 in Custody, Federal Laws-Cases, Other States | Permalink
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