{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-244.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-244.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-244.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-244.html"}],"law_id":60259,"edition_id":1,"section_id":60259,"structure_id":13723,"section_number":"16.1-244","catch_line":"Concurrent jurisdiction; exceptions","history":"Code 1950, \u00a7 16.1-161; 1956, c. 555; 1977, c. 559; 1978, c. 740; 1984, cc. 657, 669; 1985, c. 183; 1987, c. 36; 1989, c. 509; 1990, c. 600; 2000, c. 781; 2003, c. 129; 2022, c. 527; 2023, c. 622.","full_text":"A\n\nNothing contained in this law shall deprive any other court of the concurrent jurisdiction to determine the custody of children upon a writ of habeas corpus under the law, or to determine the custody, guardianship, visitation or support of children when such custody, guardianship, visitation or support is incidental to the determination of causes pending in such courts, nor deprive a circuit court of jurisdiction to determine spousal support in a suit for separate maintenance. However, when a suit for divorce has been filed in a circuit court, in which the custody, guardianship, visitation or support of children of the parties or spousal support is raised by the pleadings and a hearing, including a pendente lite hearing, is set by the circuit court on any such issue for a date certain or placed on a motions docket within 21 days of the filing, though such hearing itself may occur after such 21-day period, the juvenile and domestic relations district courts shall be divested of the right to enter any further decrees or orders to determine custody, guardianship, visitation or support when raised for such hearing and such matters shall be determined by the circuit court unless both parties agreed to a referral to the juvenile court. In any case in which the jurisdiction of the juvenile and domestic relations district court has been divested pursuant to this section and no final support order has been entered, any award for child support or spousal support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court, provided that the petitioner exercised due diligence in the service of the respondent. Nothing in this section shall deprive a circuit court of the authority to refer any such case to a commissioner for a hearing or shall deprive the juvenile and domestic relations district courts of the jurisdiction to enforce its valid orders prior to the entry of a conflicting order of any circuit court for any period during which the order was in effect or to temporarily place a child in the custody of any person when that child has been adjudicated abused, neglected, in need of services or delinquent subsequent to the order of any circuit court.B\n\nJurisdiction of cases involving violations of federal law by a child shall be concurrent and shall be assumed only if waived by the federal court or the United States attorney.","order_by":null,"text":{"0":{"id":220384,"text":"Nothing contained in this law shall deprive any other court of the concurrent jurisdiction to determine the custody of children upon a writ of habeas corpus under the law, or to determine the custody, guardianship, visitation or support of children when such custody, guardianship, visitation or support is incidental to the determination of causes pending in such courts, nor deprive a circuit court of jurisdiction to determine spousal support in a suit for separate maintenance. However, when a suit for divorce has been filed in a circuit court, in which the custody, guardianship, visitation or support of children of the parties or spousal support is raised by the pleadings and a hearing, including a pendente lite hearing, is set by the circuit court on any such issue for a date certain or placed on a motions docket within 21 days of the filing, though such hearing itself may occur after such 21-day period, the juvenile and domestic relations district courts shall be divested of the right to enter any further decrees or orders to determine custody, guardianship, visitation or support when raised for such hearing and such matters shall be determined by the circuit court unless both parties agreed to a referral to the juvenile court. In any case in which the jurisdiction of the juvenile and domestic relations district court has been divested pursuant to this section and no final support order has been entered, any award for child support or spousal support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court, provided that the petitioner exercised due diligence in the service of the respondent. Nothing in this section shall deprive a circuit court of the authority to refer any such case to a commissioner for a hearing or shall deprive the juvenile and domestic relations district courts of the jurisdiction to enforce its valid orders prior to the entry of a conflicting order of any circuit court for any period during which the order was in effect or to temporarily place a child in the custody of any person when that child has been adjudicated abused, neglected, in need of services or delinquent subsequent to the order of any circuit court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220385,"text":"Jurisdiction of cases involving violations of federal law by a child shall be concurrent and shall be assumed only if waived by the federal court or the United States attorney.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13723,"edition_id":1,"name":"Jurisdiction and Venue","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:45:40","date_modified":"2026-06-26 03:45:40","permalink":{"id":161481,"object_type":"structure","relational_id":13723,"identifier":"3","token":"16.1\/11\/3","url":"\/16.1\/11\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71312,"structure_id":13723,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","url":"\/16.1-241\/","token":"16.1\/11\/3\/16.1-241","metadata":false},{"id":56537,"structure_id":13723,"section_number":"16.1-241.1","catch_line":"Repealed","url":"\/16.1-241.1\/","token":"16.1\/11\/3\/16.1-241.1","metadata":false},{"id":64854,"structure_id":13723,"section_number":"16.1-241.2","catch_line":"Proceedings against certain parents","url":"\/16.1-241.2\/","token":"16.1\/11\/3\/16.1-241.2","metadata":false},{"id":69856,"structure_id":13723,"section_number":"16.1-241.3","catch_line":"Newborn children; substance abuse","url":"\/16.1-241.3\/","token":"16.1\/11\/3\/16.1-241.3","metadata":false},{"id":54717,"structure_id":13723,"section_number":"16.1-242","catch_line":"Retention of jurisdiction","url":"\/16.1-242\/","token":"16.1\/11\/3\/16.1-242","metadata":false},{"id":83429,"structure_id":13723,"section_number":"16.1-242.1","catch_line":"Retention of jurisdiction; appeals involving children in foster care","url":"\/16.1-242.1\/","token":"16.1\/11\/3\/16.1-242.1","metadata":false},{"id":71654,"structure_id":13723,"section_number":"16.1-243","catch_line":"Venue","url":"\/16.1-243\/","token":"16.1\/11\/3\/16.1-243","metadata":false},{"id":60259,"structure_id":13723,"section_number":"16.1-244","catch_line":"Concurrent jurisdiction; exceptions","url":"\/16.1-244\/","token":"16.1\/11\/3\/16.1-244","metadata":false},{"id":69416,"structure_id":13723,"section_number":"16.1-245","catch_line":"Transfer from other courts","url":"\/16.1-245\/","token":"16.1\/11\/3\/16.1-245","metadata":false},{"id":59845,"structure_id":13723,"section_number":"16.1-245.1","catch_line":"Medical evidence admissible in juvenile and domestic relations district court","url":"\/16.1-245.1\/","token":"16.1\/11\/3\/16.1-245.1","metadata":false},{"id":72275,"structure_id":13723,"section_number":"16.1-245.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases","url":"\/16.1-245.2\/","token":"16.1\/11\/3\/16.1-245.2","metadata":false}],"previous_section":{"id":71654,"structure_id":13723,"section_number":"16.1-243","catch_line":"Venue","url":"\/16.1-243\/","token":"16.1\/11\/3\/16.1-243","metadata":false},"next_section":{"id":69416,"structure_id":13723,"section_number":"16.1-245","catch_line":"Transfer from other courts","url":"\/16.1-245\/","token":"16.1\/11\/3\/16.1-245","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-244\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1977, chapter 559; in 1978, chapter 740; in 1984, chapters 657 and 669; in 1985, chapter 183; in 1987, chapter 36; in 1989, chapter 509; in 1990, chapter 600; in 2000, chapter 781<\/a>; in 2003, chapter 129<\/a>; in 2022, chapter 527<\/a>; in 2023, chapter 622<\/a>.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":54717,"section_number":"16.1-242","catch_line":"Retention of jurisdiction","order_by":null,"url":"\/16.1-242\/"},{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"},{"id":86162,"section_number":"20-108.1","catch_line":"Determination of child or spousal support","order_by":null,"url":"\/20-108.1\/"}],"refers_to":false,"permalink":{"id":161511,"object_type":"law","relational_id":60259,"identifier":"16.1-244","token":"16.1\/11\/3\/16.1-244","url":"\/16.1-244\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-244\/","token":"16.1\/11\/3\/16.1-244","dublin_core":{"Title":"Concurrent jurisdiction; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-244","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Nothing contained in this law<\/span> shall deprive any other court of the concurrent jurisdiction<\/span> to determine the custody<\/span> of children upon a writ<\/span> of habeas corpus<\/span> under the law<\/span>, or to determine the custody<\/span>, guardianship, visitation or support of children when such custody<\/span>, guardianship, visitation or support is incidental to the determination of causes pending in such courts<\/span>, nor deprive a circuit<\/span> court of jurisdiction<\/span> to determine spousal support in a suit for separate maintenance. However, when a suit for divorce has been filed in a circuit<\/span> court, in which the custody<\/span>, guardianship, visitation or support of children of the parties or spousal support is raised by the pleadings<\/span> and a hearing<\/span>, including a pendente lite<\/span> hearing<\/span>, is set by the circuit<\/span> court on any such issue<\/span> for a date certain or placed on a motions<\/span> docket<\/span> within 21 days of the filing, though such hearing<\/span> itself may occur after such 21-day period, the juvenile and domestic relations district courts<\/span> shall be divested of the right to enter any further decrees<\/span> or orders<\/span> to determine custody<\/span>, guardianship, visitation or support when raised for such hearing<\/span> and such matters shall be determined by the circuit<\/span> court unless both parties agreed to a referral to the juvenile court<\/span>. In any case in which the jurisdiction<\/span> of the juvenile and domestic relations district court has been divested pursuant to this section and no final support order<\/span> has been entered, any award for child support or spousal support in the circuit<\/span> court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court, provided that the petitioner exercised due diligence in the service of the respondent. Nothing in this section shall deprive a circuit<\/span> court of the authority to refer any such case to a commissioner for a hearing<\/span> or shall deprive the juvenile and domestic relations district courts<\/span> of the jurisdiction<\/span> to enforce its valid orders<\/span> prior to the entry of a conflicting order<\/span> of any circuit<\/span> court for any period during which the order<\/span> was in effect or to temporarily place a child in the custody<\/span> of any person when that child has been adjudicated abused, neglected, in need of services or delinquent subsequent to the order<\/span> of any circuit<\/span> court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Jurisdiction<\/span> of cases involving violations of federal law by a child shall be concurrent and shall be assumed only if waived by the federal court or the United States attorney. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONCURRENT JURISDICTION; EXCEPTIONS (\u00a7 16.1-244)\n\nA. Nothing contained in this law shall deprive any other court of the concurrent\njurisdiction to determine the custody of children upon a writ of habeas corpus\nunder the law, or to determine the custody, guardianship, visitation or support\nof children when such custody, guardianship, visitation or support is incidental\nto the determination of causes pending in such courts, nor deprive a circuit\ncourt of jurisdiction to determine spousal support in a suit for separate\nmaintenance. However, when a suit for divorce has been filed in a circuit court,\nin which the custody, guardianship, visitation or support of children of the\nparties or spousal support is raised by the pleadings and a hearing, including a\npendente lite hearing, is set by the circuit court on any such issue for a date\ncertain or placed on a motions docket within 21 days of the filing, though such\nhearing itself may occur after such 21-day period, the juvenile and domestic\nrelations district courts shall be divested of the right to enter any further\ndecrees or orders to determine custody, guardianship, visitation or support when\nraised for such hearing and such matters shall be determined by the circuit\ncourt unless both parties agreed to a referral to the juvenile court. In any\ncase in which the jurisdiction of the juvenile and domestic relations district\ncourt has been divested pursuant to this section and no final support order has\nbeen entered, any award for child support or spousal support in the circuit\ncourt shall be retroactive to the date on which the proceeding was commenced by\nthe filing of the action in the juvenile and domestic relations district court,\nprovided that the petitioner exercised due diligence in the service of the\nrespondent. Nothing in this section shall deprive a circuit court of the\nauthority to refer any such case to a commissioner for a hearing or shall\ndeprive the juvenile and domestic relations district courts of the jurisdiction\nto enforce its valid orders prior to the entry of a conflicting order of any\ncircuit court for any period during which the order was in effect or to\ntemporarily place a child in the custody of any person when that child has been\nadjudicated abused, neglected, in need of services or delinquent subsequent to\nthe order of any circuit court.\n\nB. Jurisdiction of cases involving violations of federal law by a child shall be\nconcurrent and shall be assumed only if waived by the federal court or the\nUnited States attorney.\n\nHISTORY: Code 1950, \u00a7 16.1-161; 1956, c. 555; 1977, c. 559; 1978, c. 740; 1984,\ncc. 657, 669; 1985, c. 183; 1987, c. 36; 1989, c. 509; 1990, c. 600; 2000, c.\n781; 2003, c. 129; 2022, c. 527; 2023, c. 622.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}