Warren v. Barnes

In this action, the plaintiff (mother) sought to modify a 2005 Virginia decree addressing custody of her son. The mother now appeals the dismissal of that action by a Probate and Family Court judge. We affirm.

The Virginia decree, entered in 2005 by consent, placed custody of the son with his maternal grandmother. The mother, grandmother, and son all moved to Massachusetts in 2008 and have lived here since. In 2014, the mother filed, in Virginia, a petition to modify the 2005 decree so that she could assume custody of her son. A Virginia court declined jurisdiction, finding that Massachusetts…