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UCCJEA & Child Custody Cases In Fairfax – Virginia Lawyers

UCCJEA & Child Custody Cases In Fairfax Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

UCCJEA Virginia Law Child Custody Fairfax
UCCJEA Virginia Law Child Custody Fairfax

VIRGINIA ATTORNEYS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE (UCCJEA)

Va. Code Ann. 20-146.12

20-146.12. Initial child custody jurisdiction pursuant to the UCCJEA

A. Except as otherwise provided in 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:

1. This Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;

2. A court of another state does not have jurisdiction under subdivision 1, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under 20-146.18 or 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships;

3. All courts having jurisdiction under subdivision 1 or 2 have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under 20-146.18 or 20-146.19; or

4. No court of any other state would have jurisdiction under the criteria specified in subdivision 1, 2, or 3.

B. Subsection A is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.

C. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE

Virginia Statute  Description 
Va. Code Ann. 20-146.12(A)Initial child custody jurisdiction

Except as otherwise provided in 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:

 

  • This Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;
  • A court of another state does not have jurisdiction under subdivision 1, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under 20-146.18 or 20-146.19, and
    1. the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and
    2. substantial evidence is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships;
  • All courts having jurisdiction under subdivision 1 or 2 have declined to exercise jurisdiction on the ground that a court of this
  • No court of any other state would have jurisdiction under the criteria specified in subdivision 1, 2, or 3.

 

Va. Code Ann. 20-146.12(B) Subsection A is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth. 
Va. Code Ann. 20-146.12(C) Physical presence of, or personal
jurisdiction over, a party or a child is not necessary or sufficient to make a
child custody determination.

UCCJEA & Child Custody Cases In Fairfax Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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