Virginia Code

Va. Code Ann. § 20-146.1 (2026)

Definitions

✓ current as of May 2026

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In this act:

"Child" means an individual who has not attained eighteen years of age.

"Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, or modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

"Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Article 3 (§ 20-146.22 et seq.) of this chapter.

"Commencement" means the filing of the first pleading in a proceeding.

"Court" means a court of competent jurisdiction as determined by otherwise applicable Virginia law to establish, enforce, or modify a child custody determination or an entity authorized under the law of another state to establish, enforce or modify a child custody determination.

"Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

"Initial determination" means the first child custody determination concerning a particular child.

"Issuing court" means the court that makes a child custody determination for which enforcement is sought under this act.

"Issuing state" means the state in which a child custody determination is made.

"Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

"Person acting as a parent" means a person, other than a parent, who has (i) physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding and (ii) been awarded legal custody by a court or claims a right to legal custody under the laws of this Commonwealth.

"Physical custody" means the physical care and supervision of a child.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

"Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.

1979, c. 229, § 20-125; 2001, c. 305.

Notes of Decisions

Cited in 28 cases (7 in the last 5 years), 2001–2026 · leading case: Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).

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Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011). · cites it 14× “” Code § 20-146.1. Hence, a child’s “home state” is where the child has lived with one or more of his parents for the consecutive six-month period immediately preceding the date on which a child custody proceeding is filed.”

Patricia Tackett v. Arlington Cnty. Dep't of Human Servs., 746 S.E.2d 509 (Va. Ct. App. 2013). · cites it 3× “The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Virginia as Code § 20-146.1, et seq., addresses child custody determinations and proceedings, including proceedings for abuse, neglect, guardianship, and termination of parental rights.”

Prashad v. Copeland, 685 S.E.2d 199 (Va. Ct. App. 2009). · cites it 16× “[4] Recognizing that "this lack of specificity in enforcement procedures has resulted in the law of enforcement evolving differently in different jurisdictions," the National Conference of Commissioners on Uniform State Laws drafted the UCCJEA. The stated purpose of the UCCJEA…”

O'ROURKE v. Vuturo, 638 S.E.2d 124 (Va. Ct. App. 2006). · cites it 4× “Code § 20-146.1 defines a “person acting as a parent” as follows: “Person acting as a parent” means a person, other than a parent, who has (i) physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence,…”

Tyszcenko v. Donatelli, 670 S.E.2d 49 (Va. Ct. App. 2008). · cites it 2× “On September 13, 2007, mother filed a motion to change jurisdiction, asking the trial court to relinquish its jurisdiction, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Code §§ 20-146.1 to 20-146.38, so that future custody and visitation…”

Miller-Jenkins v. Miller-Jenkins, 637 S.E.2d 330 (Va. Ct. App. 2006). · cites it 2× “§ 1738A, barred its exercise of jurisdiction, (2) in holding that the Virginia Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), Code § 20-146.1 et seq., permitted it to exercise jurisdiction, and (3) in refusing to enforce the June 17, 2004 custody order of the…”

Yuri Isidoro Sasson Moscona v. Dana Shenhar, 649 S.E.2d 191 (Va. Ct. App. 2007). · cites it 2× “Last, Sasson contends that the circuit court judge erred by not dismissing Shenhar’s child custody claim, which she filed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (Code §§ 20-146.1 through 20-146.38). Shenhar contends the trial judge did not err in…”

McNabb Ex Rel. Foshee v. McNabb, 65 P.3d 1068 (Kan. Ct. App. 2003). “, and replacing it with UCCJEA, Va. Code Ann. §§ 20-146.1 et seq. We apply the later statute, as adopted in Kansas and Virginia, to determine subject matter jurisdiction over the custody and visitation issues between the parties.”

Smith Ex Rel. Smith v. Pines Treatment Ctr., 472 F. Supp. 2d 784 (E.D. Va. 2007). “§ 20-146.1 et seq., and the Parental Kidnaping Prevention Act (“PKPA”), 28 U.”

Alison Helena Moroney v. Kelly Lynn Majerus (Va. Ct. App. 2024). · cites it 5× “The general purposes of the UCCJEA include “[a]void[ing] jurisdictional competition and conflict with the courts of other states in matters of child custody,” “[p]romot[ing] cooperation” and “the exchange of information” with the courts of other states, “[d]iscourag[ing]…”

Delores O'Brien Heffernan v. Arlington Cnty. Dep't of Human Servs. (Va. Ct. App. 2013). · cites it 4× “2 allows for a JDR court to order transfer of legal custody to a local board of social services and terminate the rights of the parent 4 The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Virginia as Code § 20-146.1, et seq., addresses child custody…”

Delores O'Brien Heffernan v. Arlington Cnty. Dep't of Human (Va. Ct. App. 2013). · cites it 4× “2 allows for a JDR court to order transfer of legal custody to a local board of social services and terminate the rights of the parent 4 The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Virginia as Code § 20-146.1, et seq., addresses child custody…”

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