Va. Code » Title 20. Domestic Relations » Chapter 5.3. Uniform Interstate Family Support Act » Article 3. Jurisdiction in Proceedings Involving Two or More States
Virginia Code

Va. Code Ann. § 20-88.38 (2026)

Simultaneous proceedings in another state

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. A tribunal of the Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:

1. The petition or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

2. The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

3. If relevant, the Commonwealth is the home state of the child.

B. A tribunal of the Commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if:

1. The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in the Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by the Commonwealth;

2. The contesting party timely challenges the exercise of jurisdiction in the Commonwealth; and

3. If relevant, the other state or foreign country is the home state of the child.

1994, c. 673; 2015, c. 727.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1996–2021 · leading case: Commonwealth v. Richter, 475 S.E.2d 817 (Va. Ct. App. 1996).
Sort: Relevance Newest Treatment
Commonwealth v. Richter, 475 S.E.2d 817 (Va. Ct. App. 1996). · cites it 2× “Under the circumstances of this case, we find that neither Code § 20-88.38 (addressing when Virginia courts may exercise jurisdiction following the filing of a petition in another state) nor Code § 20-88.”
Dmitry Shvets v. Michele N. Shvets (Va. Ct. App. 2021). · cites it 2× “Neither party, however, had requested that Pennsylvania award wife support before the entry of the divorce decree.”
Commonwealth, DSS v. Neil C. Righter (Va. Ct. App. 1996). · cites it 2× “1 extends personal jurisdiction to an individual who has "been ordered to pay spousal support or child support pursuant to an order entered by any court of competent jurisdiction in this Commonwealth having in personam jurisdiction over such person.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.