Va. Code » Title 20. Domestic Relations » Chapter 7.1. Uniform Child Custody Jurisdiction and Enforcement Act » Article 2. Jurisdiction
Virginia Code

Va. Code Ann. § 20-146.13 (2026)

Exclusive, continuing jurisdiction

✓ current as of May 2026
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A. Except as otherwise provided in § 20-146.15, a court of 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, a parent of the child, or any person acting as a parent of the child continues to live in the Commonwealth.

B. A court of 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.

2001, c. 305; 2016, c. 179.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2003–2025 · leading case: Swalef v. Anderson, 646 S.E.2d 458 (Va. Ct. App. 2007).
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Swalef v. Anderson, 646 S.E.2d 458 (Va. Ct. App. 2007). · cites it 6× “*106 We need not determine whether Virginia still has exclusive and continuing jurisdiction over the custody of these children, either under Code § 20-146.13 3 or under the principles of full faith and credit.”
Plummer v. Plummer, 823 S.E.2d 258 (Ga. 2019). “§ 36-6-217 ; Va. Code Ann. § 20-146.13 . However, even the states that have not done so generally consider the official comments in interpreting their codifications of the UCCJEA, including all those that have actually addressed the issue that we must decide.”
Andrea Catherine Williams Key v. James Darren Key, II (Va. Ct. App. 2004). · cites it 21× “Thus, Virginia law provided that, once a Virginia court acquired jurisdiction over a custody or visitation matter, it retained jurisdiction to modify custody or visitation unless it expressly relinquished jurisdiction to another state.”
Stacy v. Leary (E.D. Va. 2025). · cites it 8× “But Va. Code § 20-146.13 provides that a Virginia court that has “made a child custody determination .”
Cheryl Y. Parris v. Natasha Doctor & Harrivon S. Carpenter (Va. Ct. App. 2011). · cites it 6× “ANALYSIS Exclusive, continuing jurisdiction Parris argues that the trial court erred in holding that it did not have exclusive, continuing jurisdiction under Code § 20-146.13. Code § 20-146.13(A) provides, “a court of this 1 Parris lists on the petition for custody that the…”
Mark Bennett & Lisa Bennett v. Elizabeth Ann Bennett-Smith (Va. Ct. App. 2008). · cites it 3× “Kansas no longer has exclusive, continuing jurisdiction under Code § 20-146.13 as Raven and her parents do not live in Kansas.”
Jones v. Davis, 87 Va. Cir. 126 (Roanoke County Cir. Ct. 2013). · cites it 3× “In this case, in accordance with Va. Code § 20-146.13, because the Juvenile Court made an initial custody determination with respect to Jaaziah and Surai and because Lakiesha Jones has continued to live in Virginia, this Court has exclusive, continuing jurisdiction over this…”
Foster v. Foster, 664 S.E.2d 525 (Va. Ct. App. 2008). · cites it 2× “See Code § 20-146.13(A) ("Except as otherwise provided in § 20-146.”
Oliver v. Oliver, 61 Va. Cir. 88 (2003). · cites it 2× “Va. Code Ann. § 20-146.13 . *93 Next, I find that this Court has personal jurisdiction over Mr.”
Plummer v. Plummer (Ga. 2019). “§ 36-6-217 ; Va. Code Ann. § 20-146.13 . However, even the states that have not done so generally consider the official comments in interpreting their codifications of the UCCJEA, including all those that have actually addressed the issue that we must decide.”
Thomas Lee Sowers v. Karen S. Walker (Va. Ct. App. 2011). “Code § 20-146.13 concerns “Exclusive, continuing jurisdiction” and states: A.”
— Va. Code Ann. § 20-146.13(A) — 5 cases
Swalef v. Anderson, 646 S.E.2d 458 (Va. Ct. App. 2007). “*106 We need not determine whether Virginia still has exclusive and continuing jurisdiction over the custody of these children, either under Code § 20-146.13 3 or under the principles of full faith and credit.”
Andrea Catherine Williams Key v. James Darren Key, II (Va. Ct. App. 2004). “Thus, Virginia law provided that, once a Virginia court acquired jurisdiction over a custody or visitation matter, it retained jurisdiction to modify custody or visitation unless it expressly relinquished jurisdiction to another state.”
Cheryl Y. Parris v. Natasha Doctor & Harrivon S. Carpenter (Va. Ct. App. 2011). “ANALYSIS Exclusive, continuing jurisdiction Parris argues that the trial court erred in holding that it did not have exclusive, continuing jurisdiction under Code § 20-146.13. Code § 20-146.13(A) provides, “a court of this 1 Parris lists on the petition for custody that the…”
Foster v. Foster, 664 S.E.2d 525 (Va. Ct. App. 2008). “See Code § 20-146.13(A) ("Except as otherwise provided in § 20-146.”
Mark Bennett & Lisa Bennett v. Elizabeth Ann Bennett-Smith (Va. Ct. App. 2008). “Kansas no longer has exclusive, continuing jurisdiction under Code § 20-146.13 as Raven and her parents do not live in Kansas.”
— Va. Code Ann. § 20-146.13(B) — 2 cases
Andrea Catherine Williams Key v. James Darren Key, II (Va. Ct. App. 2004). “Thus, Virginia law provided that, once a Virginia court acquired jurisdiction over a custody or visitation matter, it retained jurisdiction to modify custody or visitation unless it expressly relinquished jurisdiction to another state.”
Cheryl Y. Parris v. Natasha Doctor & Harrivon S. Carpenter (Va. Ct. App. 2011). “ANALYSIS Exclusive, continuing jurisdiction Parris argues that the trial court erred in holding that it did not have exclusive, continuing jurisdiction under Code § 20-146.13. Code § 20-146.13(A) provides, “a court of this 1 Parris lists on the petition for custody that the…”
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