§ 64.2-2107 Jurisdiction
A court of the Commonwealth has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if:
2. On the date the petition is filed, the Commonwealth is a significant-connection state and: a. The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because the Commonwealth is a more appropriate forum; or b. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
1. A petition for an appointment or order is not filed in the respondent’s home state;
2. An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and
3. The court in the Commonwealth concludes that it is an appropriate forum under the factors set forth in § 64.2-2110;
3. The Commonwealth does not have jurisdiction under either subdivision 1 or 2, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because the Commonwealth is the more appropriate forum, and jurisdiction in the Commonwealth is consistent with the Constitutions of Virginia and the United States; or
4. The requirements for special jurisdiction under § 64.2-2108 are met.
History
This law was first created in 2011. The record of its establishment is cataloged in chapter 518 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. That modification is as follows: in 2012, chapter 614.
2011, c. 518, § 37.2-1039; 2012, c. 614.