Virginia Code
Va. Code Ann. § 20-146.14 (2026)
Jurisdiction to modify determination
✓ current as of May 2026
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Except as otherwise provided in § 20-146.15, a court of the Commonwealth may not modify a child custody determination made by a court of another state unless a court of 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 the Commonwealth would be a more convenient forum under § 20-146.18; or
2. A court of the Commonwealth or a court of the other state determines that neither a parent of the child, nor the child, nor any person acting as a parent of the child presently resides in the other state.
Notes of Decisions
Cited in 9
cases, 2004–2016 · leading case: Melanie Lynn Rhodes v. Delmar Lang & Susan Lang.
Melanie Lynn Rhodes v. Delmar Lang & Susan Lang (Va. Ct. App. 2016). “Pursuant to Code § 20-146.14, Virginia courts only have the authority to modify the Ohio visitation order.”
Prashad v. Copeland (Va. Ct. App. 2009). “A child custody determination can only be modified if the jurisdictional requirements of Article 2 are met, Code § 20-146.14, whereas a child custody determination can be registered under Article 3 regardless of whether the registering state has jurisdiction over any of the…”
Andrea S. Morrison v. Adam Morrison (Va. Ct. App. 2011). “13 or § 20-146.14 determines that this Commonwealth is a more appropriate forum under § 20-146.”
Mark Bennett & Lisa Bennett v. Elizabeth Ann Bennett-Smith (Va. Ct. App. 2008). “12 or § 20-146.14 has exclusive, continuing jurisdiction as long as the child, the child’s parents, or any person acting as a parent continue to live in this Commonwealth.”
Cheryl Y. Parris v. Natasha Doctor & Harrivon S. Carpenter (Va. Ct. App. 2011). “12 or § 20-146.14 has exclusive, continuing jurisdiction as long as the child, the child’s parents, or any person acting as a parent continue to live in this Commonwealth.”
Andrea S. Morrison v. Adam Morrison (Va. Ct. App. 2011). “13 or § 20-146.14 determines that this Commonwealth is a more appropriate forum under § 20-146.”
Thomas Lee Sowers v. Karen S. Walker (Va. Ct. App. 2011). “12 or § 20-146.14 has exclusive, continuing jurisdiction as long as the child, the child’s parents, or any person acting as a parent continue to live in this Commonwealth.”
Foster v. Foster (Va. Ct. App. 2008). “12 or § 20-146.14 has exclusive, continuing jurisdiction as long as the child, the child’s parents, or any person acting as a parent continue to live in this Commonwealth.”
Andrea Catherine Williams Key v. James Darren Key, II (Va. Ct. App. 2004). “12 or § 20-146.14 has exclusive, continuing jurisdiction as long as the child, the child’s parents, or any person acting as a parent continue to live in this Commonwealth.”
— Va. Code Ann. § 20-146.14(2) — 1 case
Melanie Lynn Rhodes v. Delmar Lang & Susan Lang (Va. Ct. App. 2016). “Pursuant to Code § 20-146.14, Virginia courts only have the authority to modify the Ohio visitation order.”
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