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2016 SESSION

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CHAPTER 179 An Act to amend and reenact §§ 20-146.13 and 20-146.14 of the Code of Virginia, relating to the Uniform Child Custody Jurisdiction and Enforcement Act; exclusive, continuing jurisdiction. [H 497] Approved March 1, 2016

 

Be it enacted by the General Assembly of Virginia:

1. That §§ 20-146.13 and 20-146.14 of the Code of Virginia are amended and reenacted as follows:

§ 20-146.13. Exclusive, continuing jurisdiction.

A. Except as otherwise provided in § 20-146.15, a court of this the Commonwealth that has made a child custody determination consistent with § 20-146.12 or § 20-146.14 has exclusive, continuing jurisdiction as long as the child, the child's parents a parent of the child, or any person acting as a parent of the child continue continues to live in this the Commonwealth.

B. A court of this the Commonwealth that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 20-146.12.

§ 20-146.14. Jurisdiction to modify determination.

Except as otherwise provided in § 20-146.15, a court of this the Commonwealth may not modify a child custody determination made by a court of another state unless a court of this the Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of § 20-146.12 and:

1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under § 20-146.13 or that a court of this the Commonwealth would be a more convenient forum under § 20-146.18; or

2. A court of this the Commonwealth or a court of the other state determines that neither a parent of the child, nor the child, the child's parents, nor any person acting as a parent of the child presently reside resides in the other state.