Foondle v. Sherry

By JUDGE ALFRED D. SWERSKY

This matter is before the Court on Respondent’s Motion to Strike the petition of the Division of Child Support Enforcement (DCSE) to establish paternity and support.

Respondent argues that DCSE lacks statutory authority to bring this action by virtue of the fact that the infant child is not a resident of Virginia. Respondent relies on the statutory definition of a "dependent child" as found in Code of Virginia, § 63.1-250. That definition states that the child must meet the eligibility criteria set out in Code of Virginia, § 63.1-105. The latter Section (63.1-105)…