{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-146.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-146.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-146.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-146.1.html"}],"law_id":82783,"edition_id":1,"section_id":82783,"structure_id":13274,"section_number":"20-146.1","catch_line":"Definitions","history":"1979, c. 229, \u00a7 20-125; 2001, c. 305.","full_text":"In this act:\n\t\t&#8220;Child&#8221; means an individual who has not attained eighteen years of age.\n\t\t&#8220;Child custody determination&#8221; means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, or modification order. The term does not include an order relating to child support or other monetary obligation of an individual.\n\t\t&#8220;Child custody proceeding&#8221; means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Article 3 (\u00a7 20-146.22 et seq.) of this chapter.\n\t\t&#8220;Commencement&#8221; means the filing of the first pleading in a proceeding.\n\t\t&#8220;Court&#8221; means a court of competent jurisdiction as determined by otherwise applicable Virginia law to establish, enforce, or modify a child custody determination or an entity authorized under the law of another state to establish, enforce or modify a child custody determination.\n\t\t&#8220;Home state&#8221; means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.\n\t\t&#8220;Initial determination&#8221; means the first child custody determination concerning a particular child.\n\t\t&#8220;Issuing court&#8221; means the court that makes a child custody determination for which enforcement is sought under this act.\n\t\t&#8220;Issuing state&#8221; means the state in which a child custody determination is made.\n\t\t&#8220;Modification&#8221; means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.\n\t\t&#8220;Person&#8221; means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.\n\t\t&#8220;Person acting as a parent&#8221; means a person, other than a parent, who has (i) physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding and (ii) been awarded legal custody by a court or claims a right to legal custody under the laws of this Commonwealth.\n\t\t&#8220;Physical custody&#8221; means the physical care and supervision of a child.\n\t\t&#8220;State&#8221; means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.\n\t\t&#8220;Tribe&#8221; means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.","order_by":null,"text":{"0":{"id":296740,"text":"In this act:\n\t\t&#8220;Child&#8221; means an individual who has not attained eighteen years of age.\n\t\t&#8220;Child custody determination&#8221; means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, or modification order. The term does not include an order relating to child support or other monetary obligation of an individual.\n\t\t&#8220;Child custody proceeding&#8221; means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Article 3 (\u00a7 20-146.22 et seq.) of this chapter.\n\t\t&#8220;Commencement&#8221; means the filing of the first pleading in a proceeding.\n\t\t&#8220;Court&#8221; means a court of competent jurisdiction as determined by otherwise applicable Virginia law to establish, enforce, or modify a child custody determination or an entity authorized under the law of another state to establish, enforce or modify a child custody determination.\n\t\t&#8220;Home state&#8221; means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.\n\t\t&#8220;Initial determination&#8221; means the first child custody determination concerning a particular child.\n\t\t&#8220;Issuing court&#8221; means the court that makes a child custody determination for which enforcement is sought under this act.\n\t\t&#8220;Issuing state&#8221; means the state in which a child custody determination is made.\n\t\t&#8220;Modification&#8221; means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.\n\t\t&#8220;Person&#8221; means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.\n\t\t&#8220;Person acting as a parent&#8221; means a person, other than a parent, who has (i) physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding and (ii) been awarded legal custody by a court or claims a right to legal custody under the laws of this Commonwealth.\n\t\t&#8220;Physical custody&#8221; means the physical care and supervision of a child.\n\t\t&#8220;State&#8221; means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.\n\t\t&#8220;Tribe&#8221; means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13274,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13273,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":179225,"object_type":"structure","relational_id":13274,"identifier":"1","token":"20\/7.1\/1","url":"\/20\/7.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13273,"edition_id":1,"name":"Uniform Child Custody Jurisdiction and Enforcement Act","identifier":"7.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":179223,"object_type":"structure","relational_id":13273,"identifier":"7.1","token":"20\/7.1","url":"\/20\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","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":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82783,"structure_id":13274,"section_number":"20-146.1","catch_line":"Definitions","url":"\/20-146.1\/","token":"20\/7.1\/1\/20-146.1","metadata":false},{"id":54269,"structure_id":13274,"section_number":"20-146.10","catch_line":"Taking testimony in another state","url":"\/20-146.10\/","token":"20\/7.1\/1\/20-146.10","metadata":false},{"id":83304,"structure_id":13274,"section_number":"20-146.11","catch_line":"Cooperation between courts; preservation of records","url":"\/20-146.11\/","token":"20\/7.1\/1\/20-146.11","metadata":false},{"id":78363,"structure_id":13274,"section_number":"20-146.2","catch_line":"Proceedings governed by other law","url":"\/20-146.2\/","token":"20\/7.1\/1\/20-146.2","metadata":false},{"id":60654,"structure_id":13274,"section_number":"20-146.3","catch_line":"Application to Indian tribes","url":"\/20-146.3\/","token":"20\/7.1\/1\/20-146.3","metadata":false},{"id":73892,"structure_id":13274,"section_number":"20-146.4","catch_line":"International application","url":"\/20-146.4\/","token":"20\/7.1\/1\/20-146.4","metadata":false},{"id":84722,"structure_id":13274,"section_number":"20-146.5","catch_line":"Effect of child custody determination","url":"\/20-146.5\/","token":"20\/7.1\/1\/20-146.5","metadata":false},{"id":78165,"structure_id":13274,"section_number":"20-146.6","catch_line":"Priority","url":"\/20-146.6\/","token":"20\/7.1\/1\/20-146.6","metadata":false},{"id":56615,"structure_id":13274,"section_number":"20-146.7","catch_line":"Notice to persons outside state","url":"\/20-146.7\/","token":"20\/7.1\/1\/20-146.7","metadata":false},{"id":56914,"structure_id":13274,"section_number":"20-146.8","catch_line":"Appearance and limited immunity","url":"\/20-146.8\/","token":"20\/7.1\/1\/20-146.8","metadata":false},{"id":70807,"structure_id":13274,"section_number":"20-146.9","catch_line":"Communication between courts","url":"\/20-146.9\/","token":"20\/7.1\/1\/20-146.9","metadata":false}],"next_section":{"id":54269,"structure_id":13274,"section_number":"20-146.10","catch_line":"Taking testimony in another state","url":"\/20-146.10\/","token":"20\/7.1\/1\/20-146.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-146.1\/","history_text":"<p>This law was first created in 1979. The record of its establishment is cataloged in chapter 229 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0305\">305<\/a>.<\/p>","references":false,"refers_to":[{"id":63086,"section_number":"20-146.22","catch_line":"Definitions","order_by":null,"url":"\/20-146.22\/"}],"permalink":{"id":179227,"object_type":"law","relational_id":82783,"identifier":"20-146.1","token":"20\/7.1\/1\/20-146.1","url":"\/20-146.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-146.1\/","token":"20\/7.1\/1\/20-146.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-146.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In this act:\n\t\t&#8220;Child&#8221; means an individual who has not attained eighteen years of age.\n\t\t&#8220;<span class=\"dictionary\">Child custody determination<\/span>&#8221; means a <span class=\"dictionary\">judgment<\/span>, <span class=\"dictionary\">decree<\/span>, or other <span class=\"dictionary\">order<\/span> of a court providing for the legal custody, <span class=\"dictionary\">physical custody<\/span>, or visitation with respect to a child. The term includes a permanent, temporary, initial, or <span class=\"dictionary\">modification<\/span> <span class=\"dictionary\">order<\/span>. The term does not include an <span class=\"dictionary\">order<\/span> relating to child support or other monetary obligation of an individual.\n\t\t&#8220;<span class=\"dictionary\">Child custody proceeding<\/span>&#8221; means a proceeding in which legal custody, <span class=\"dictionary\">physical custody<\/span>, or visitation with respect to a child is an <span class=\"dictionary\">issue<\/span>. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the <span class=\"dictionary\">issue<\/span> may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Article 3 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/20-146.22\/\">20-146.22<\/a> et seq.) of this chapter.\n\t\t&#8220;<span class=\"dictionary\">Commencement<\/span>&#8221; means the filing of the first pleading in a proceeding.\n\t\t&#8220;Court&#8221; means a court of competent <span class=\"dictionary\">jurisdiction<\/span> as determined by otherwise applicable Virginia <span class=\"dictionary\">law<\/span> to establish, enforce, or modify a <span class=\"dictionary\">child custody determination<\/span> or an entity authorized under the <span class=\"dictionary\">law<\/span> of another state to establish, enforce or modify a <span class=\"dictionary\">child custody determination<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Home state<\/span>&#8221; means the state in which a child lived with a parent or a <span class=\"dictionary\">person acting as a parent<\/span> for at least six consecutive months immediately before the <span class=\"dictionary\">commencement<\/span> of a <span class=\"dictionary\">child custody proceeding<\/span>. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the <span class=\"dictionary\">persons<\/span> mentioned. A period of temporary absence of any of the mentioned <span class=\"dictionary\">persons<\/span> is part of the period.\n\t\t&#8220;<span class=\"dictionary\">Initial determination<\/span>&#8221; means the first <span class=\"dictionary\">child custody determination<\/span> concerning a particular child.\n\t\t&#8220;<span class=\"dictionary\">Issuing court<\/span>&#8221; means the court that makes a <span class=\"dictionary\">child custody determination<\/span> for which enforcement is sought under this act.\n\t\t&#8220;<span class=\"dictionary\">Issuing state<\/span>&#8221; means the state in which a <span class=\"dictionary\">child custody determination<\/span> is made.\n\t\t&#8220;<span class=\"dictionary\">Modification<\/span>&#8221; means a <span class=\"dictionary\">child custody determination<\/span> that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.\n\t\t&#8220;Person&#8221; means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.\n\t\t&#8220;<span class=\"dictionary\">Person acting as a parent<\/span>&#8221; means a person, other than a parent, who has (i) <span class=\"dictionary\">physical custody<\/span> of the child or has had <span class=\"dictionary\">physical custody<\/span> for a period of six consecutive months, including any temporary absence, within one year immediately before the <span class=\"dictionary\">commencement<\/span> of a <span class=\"dictionary\">child custody proceeding<\/span> and (ii) been awarded legal custody by a court or claims a right to legal custody under the <span class=\"dictionary\">laws<\/span> of this Commonwealth.\n\t\t&#8220;<span class=\"dictionary\">Physical custody<\/span>&#8221; means the physical care and supervision of a child.\n\t\t&#8220;State&#8221; means a state of the United <span class=\"dictionary\">States<\/span>, the District of Columbia, Puerto Rico, the United <span class=\"dictionary\">States<\/span> Virgin Islands, or any territory or insular <span class=\"dictionary\">possession<\/span> subject to the <span class=\"dictionary\">jurisdiction<\/span> of the United <span class=\"dictionary\">States<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Tribe<\/span>&#8221; means an Indian <span class=\"dictionary\">tribe<\/span> or band, or Alaskan Native village, which is recognized by federal <span class=\"dictionary\">law<\/span> or formally acknowledged by a state.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 20-146.1)\n\nIn this act:\n\t\t&#8220;Child&#8221; means an individual who has not attained eighteen years of\nage.\n\t\t&#8220;Child custody determination&#8221; means a judgment, decree, or other\norder of a court providing for the legal custody, physical custody, or\nvisitation with respect to a child. The term includes a permanent, temporary,\ninitial, or modification order. The term does not include an order relating to\nchild support or other monetary obligation of an individual.\n\t\t&#8220;Child custody proceeding&#8221; means a proceeding in which legal\ncustody, physical custody, or visitation with respect to a child is an issue.\nThe term includes a proceeding for divorce, separation, neglect, abuse,\ndependency, guardianship, paternity, termination of parental rights, and\nprotection from domestic violence, in which the issue may appear. The term does\nnot include a proceeding involving juvenile delinquency, contractual\nemancipation, or enforcement under Article 3 (\u00a7 20-146.22 et seq.) of this\nchapter.\n\t\t&#8220;Commencement&#8221; means the filing of the first pleading in a\nproceeding.\n\t\t&#8220;Court&#8221; means a court of competent jurisdiction as determined by\notherwise applicable Virginia law to establish, enforce, or modify a child\ncustody determination or an entity authorized under the law of another state to\nestablish, enforce or modify a child custody determination.\n\t\t&#8220;Home state&#8221; means the state in which a child lived with a parent\nor a person acting as a parent for at least six consecutive months immediately\nbefore the commencement of a child custody proceeding. In the case of a child\nless than six months of age, the term means the state in which the child lived\nfrom birth with any of the persons mentioned. A period of temporary absence of\nany of the mentioned persons is part of the period.\n\t\t&#8220;Initial determination&#8221; means the first child custody\ndetermination concerning a particular child.\n\t\t&#8220;Issuing court&#8221; means the court that makes a child custody\ndetermination for which enforcement is sought under this act.\n\t\t&#8220;Issuing state&#8221; means the state in which a child custody\ndetermination is made.\n\t\t&#8220;Modification&#8221; means a child custody determination that changes,\nreplaces, supersedes, or is otherwise made after a previous determination\nconcerning the same child, whether or not it is made by the court that made the\nprevious determination.\n\t\t&#8220;Person&#8221; means an individual, corporation, business trust, estate,\ntrust, partnership, limited liability company, association, joint venture,\ngovernment, governmental subdivision, agency, or instrumentality, public\ncorporation, or any other legal or commercial entity.\n\t\t&#8220;Person acting as a parent&#8221; means a person, other than a parent,\nwho has (i) physical custody of the child or has had physical custody for a\nperiod of six consecutive months, including any temporary absence, within one\nyear immediately before the commencement of a child custody proceeding and (ii)\nbeen awarded legal custody by a court or claims a right to legal custody under\nthe laws of this Commonwealth.\n\t\t&#8220;Physical custody&#8221; means the physical care and supervision of a\nchild.\n\t\t&#8220;State&#8221; means a state of the United States, the District of\nColumbia, Puerto Rico, the United States Virgin Islands, or any territory or\ninsular possession subject to the jurisdiction of the United States.\n\t\t&#8220;Tribe&#8221; means an Indian tribe or band, or Alaskan Native village,\nwhich is recognized by federal law or formally acknowledged by a state.\n\nHISTORY: 1979, c. 229, \u00a7 20-125; 2001, c. 305.","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}}