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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-244 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-244. Concurrent jurisdiction; exceptions.
A. Nothing contained in this law shall deprive any other court of the
concurrent jurisdiction to determine the custody of children upon a writ of
habeas corpus under the law, or to determine the custody, guardianship,
visitation or support of children when such custody, guardianship, visitation
or support is incidental to the determination of causes pending in such courts,
nor deprive a circuit court of jurisdiction to determine spousal support in a
suit for separate maintenance. However, when a suit for divorce has been filed
in a circuit court, in which the custody, guardianship, visitation or support
of children of the parties or spousal support is raised by the pleadings and a
hearing, including a pendente lite hearing, is set by the circuit court on any
such issue for a date certain or on a motions docket to be heard within
twenty-one 21 days of the filing, the juvenile and domestic relations
district courts shall be divested of the right to enter any further decrees or orders to
determine custody, guardianship, visitation or support when raised for such
hearing and such matters shall be determined by the circuit court unless both
parties agreed to a referral to the juvenile court. Nothing in this section
shall deprive a circuit court of the authority to refer any such case to a
commissioner for a hearing or shall deprive the juvenile and domestic relations
district courts of the jurisdiction to enforce its valid orders prior to the
entry of a conflicting order of any circuit court for any period during which
the order was in effect or to temporarily place a child in the custody of any
person when that child has been adjudicated abused, neglected, in need of
services or delinquent subsequent to the order of any circuit court.
B. Jurisdiction of cases involving violations of federal law by a child shall be concurrent and shall be assumed only if waived by the federal court or the United States attorney.