Legal Question in Family Law in Virginia
can virginia keep a general case if the children now live out of state and have for two years.custody has been established and child support has too.there are no open cases and i do not want to file any.the father wants the general cases to stay in va, his reason to the court, because i as the mother made the discussion to move to another state two years ago. we have been to court over this matter two times now, the first judge said no,he said we had to get along before change of venue,all open motions were closed.i appealed to circuit court judge,he agreed to the change of venue.the father appealed it to the courts of appeal.i need to know the statute or code about limitations of its jurisdiction.we are done with court when it comes to visitation,custody.and child support.i just want the change of venue because the children live in wv and the father has filed bogas things just to make me have to drive to va.he files things such as him not having my address (which he did and i had proof) then goes into court and admits he has it..that was a failure to comply with the order,and he doesnt get into trouble for filing this? i dont understand how he can keep this case in va when my children have been residents of wv for 2 years.my question is this...is there statute of limitations in va over a case? when i say case i mean the entire case in general not one open issue like custody or child support.the circuit judge said that he believes that the limitation was six months out of the city,county, or state.how can i find that code or statute?i have looked everywhere.i can not afford a lawyer and the father does not have a lawyer when it comes to the court of appeals, so i can not get the courts to appoint a lawyer because he doesnt have one.
1 Answer from Attorneys
As I've already previously answered, if you want "the change of venue because
the children (now) live in wv", you will need to file a new case in the
appropriate court in West Virginia pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) which is recognized (as well as codified) in all 50 states.
Your Virginia case(s) will not not transferred to West Virginia under the facts which you've described and the statute of limitations has no bearing whatsoever on your case in the Commonwealth.
(The six month limitation which you've referenced is part of the above referenced UCCJEA)
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