Legal Question in Family Law in Virginia

You will need to provide more information on what happened when your son spoke to the counselor. Generally, under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act), the court that last had jurisdiction over the case, retains jurisdiction unless challenged. In this case, it appears that the last court that had control was in VA. Ergo, you could file in VA for a "show cause" hearing as to why your ex-partner is not honoring the Court Order that requires him to provide visitation to you.

However, be advised that under the UCCJEA, your ex-partner can now file in Nebraska. The rule holds that once a the child, and one parent, have lived in a new jurisdiction for at least six months, that new jurisdiction may take control of the case. I would expect your ex-partner to file in Nebraska if you file in VA, and seek to have the case transferred there. Likely, he would succeed.

Fighting UCCJEA cases is neither cheap, nor easy. In the end, the judges from both jurisdictions will have a chat (they must, by statute), and determine what court will retain the case. This means that you should expect to retain an attorney in each jurisdiction if your ex really does file to move the case to Nebraska.

If you have further questions, feel free to email me at [email protected].