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.
1979, c. 229, § 20-126; 2001, c. 305.
Notes of Decisions
Cited in
27
cases (
6 in the last 5 years), 2003–2026 · leading case:
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
· cites it 25× “Jurisdiction To Make an Initial Child Custody Determination To determine whether a court of this Commonwealth has jurisdiction to make an initial child custody determination, 3 we look to Code § 20-146.12: A. Except as otherwise provided in § 20-146.”
O'ROURKE v. Vuturo, 638 S.E.2d 124 (Va. Ct. App. 2006).
· cites it 4× “Code § 20-146.12 provides, in pertment part, that Except as otherwise provided in § 20-146.”
McNabb Ex Rel. Foshee v. McNabb, 65 P.3d 1068 (Kan. Ct. App. 2003).
· cites it 5× “38-1341; Va. Code Ann. § 20-146.12 , Comment. McNabb argues that the Kansas district court misapplied UCCJEA.”
Melanie Lynn Rhodes v. Delmar Lang & Susan Lang, 791 S.E.2d 744 (Va. Ct. App. 2016).
· cites it 2× “” See Code § 20-146.12(A)(1). Second, Virginia courts can only modify the order of the other state if "[a] court of the Commonwealth determines that neither a parent of the child, nor the child presently resides in the other state.”
Swalef v. Anderson, 646 S.E.2d 458 (Va. Ct. App. 2007).
· cites it 2× “We note, however, that it would be inconsistent with the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to find that a vacated and terminated temporary order, where the underlying petition is dismissed, is a “child custody determination…”
Harrison v. Harrison, 706 S.E.2d 905 (Va. Ct. App. 2011).
· cites it 2× “At the August 2009 hearing, the circuit court found that Belgium was the “home state” of the parties’ children and thus declined to exercise jurisdiction pursuant to Code § 20-146.12. *96 2 Immediately following the hearing, wife asked husband to return the children to her so…”
In Re Marriage of Miller & Sumpter, 196 S.W.3d 683 (Mo. Ct. App. 2006).
“See Va.Code § 20-146.12 (2006). There was no evidence that Virginia had declined to exercise jurisdiction over the children.”
Prashad v. Copeland, 685 S.E.2d 199 (Va. Ct. App. 2009).
· cites it 2× “Upon registration, "[a] court of this Commonwealth shall recognize and enforce, but may not modify, except in accordance with Article 2 (§ 20-146.12 et seq.) of this chapter, a registered child custody determination of a court of another state.”
Andrea S. Morrison v. Adam Morrison, 704 S.E.2d 617 (Va. Ct. App. 2011).
“A court of the state otherwise having jurisdiction under §§ 20-146.12, 20-146.13 or § 20-146.14 determines that this Commonwealth is a more appropriate forum under § 20-146.”
Mast v. A.A. (Va. 2026).
· cites it 16× “Code § 20-146.12 grants JDR courts limited subject-matter jurisdiction over custody claims.”
Andrea Catherine Williams Key v. James Darren Key, II (Va. Ct. App. 2004).
· cites it 18× “-6- Here, it is undisputed that the trial court had jurisdiction pursuant to Code § 20-146.12, “Initial child custody jurisdiction,” to enter the April 22, 2003 order awarding custody to mother pursuant to the parties’ agreement.”
— Va. Code Ann. § 20-146.12(1) — 1 case
— Va. Code Ann. § 20-146.12(A) — 9 cases
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
“Jurisdiction To Make an Initial Child Custody Determination To determine whether a court of this Commonwealth has jurisdiction to make an initial child custody determination, 3 we look to Code § 20-146.12: A. Except as otherwise provided in § 20-146.”
Mast v. A.A. (Va. 2026).
“Code § 20-146.12 grants JDR courts limited subject-matter jurisdiction over custody claims.”
— Va. Code Ann. § 20-146.12(A)(1) — 6 cases
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
“Jurisdiction To Make an Initial Child Custody Determination To determine whether a court of this Commonwealth has jurisdiction to make an initial child custody determination, 3 we look to Code § 20-146.12: A. Except as otherwise provided in § 20-146.”
Melanie Lynn Rhodes v. Delmar Lang & Susan Lang, 791 S.E.2d 744 (Va. Ct. App. 2016).
“” See Code § 20-146.12(A)(1). Second, Virginia courts can only modify the order of the other state if "[a] court of the Commonwealth determines that neither a parent of the child, nor the child presently resides in the other state.”
Andrea Catherine Williams Key v. James Darren Key, II (Va. Ct. App. 2004).
“-6- Here, it is undisputed that the trial court had jurisdiction pursuant to Code § 20-146.12, “Initial child custody jurisdiction,” to enter the April 22, 2003 order awarding custody to mother pursuant to the parties’ agreement.”
Mast v. A.A. (Va. 2026).
“Code § 20-146.12 grants JDR courts limited subject-matter jurisdiction over custody claims.”
— Va. Code Ann. § 20-146.12(A)(2) — 7 cases
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
“Jurisdiction To Make an Initial Child Custody Determination To determine whether a court of this Commonwealth has jurisdiction to make an initial child custody determination, 3 we look to Code § 20-146.12: A. Except as otherwise provided in § 20-146.”
— Va. Code Ann. § 20-146.12(A)(3) — 1 case
Mast v. A.A. (Va. 2026).
“Code § 20-146.12 grants JDR courts limited subject-matter jurisdiction over custody claims.”
— Va. Code Ann. § 20-146.12(A)(l) — 1 case
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
“Jurisdiction To Make an Initial Child Custody Determination To determine whether a court of this Commonwealth has jurisdiction to make an initial child custody determination, 3 we look to Code § 20-146.12: A. Except as otherwise provided in § 20-146.”
— Va. Code Ann. § 20-146.12(B) — 8 cases
Prizzia v. Prizzia, 707 S.E.2d 461 (Va. Ct. App. 2011).
“Jurisdiction To Make an Initial Child Custody Determination To determine whether a court of this Commonwealth has jurisdiction to make an initial child custody determination, 3 we look to Code § 20-146.12: A. Except as otherwise provided in § 20-146.”
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