{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-146.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-146.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-146.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-146.12.html"}],"law_id":56827,"edition_id":1,"section_id":56827,"structure_id":14515,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","history":"1979, c. 229, \u00a7 20-126; 2001, c. 305.","full_text":"A\n\nExcept as otherwise provided in \u00a7 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:1\n\nThis Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;2\n\nA court of another state does not have jurisdiction under subdivision 1, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under § 20-146.18 or § 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships;3\n\nAll courts having jurisdiction under subdivision 1 or 2 have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under § 20-146.18 or § 20-146.19; or4\n\nNo court of any other state would have jurisdiction under the criteria specified in subdivision 1, 2, or 3.B\n\nSubsection A is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.C\n\nPhysical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.","order_by":null,"text":{"0":{"id":208117,"text":"Except as otherwise provided in \u00a7 20-146.15, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":208118,"text":"This Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":208119,"text":"A court of another state does not have jurisdiction under subdivision 1, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under § 20-146.18 or § 20-146.19, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":208120,"text":"All courts having jurisdiction under subdivision 1 or 2 have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under § 20-146.18 or § 20-146.19; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":208121,"text":"No court of any other state would have jurisdiction under the criteria specified in subdivision 1, 2, or 3.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":208122,"text":"Subsection A is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":208123,"text":"Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14515,"edition_id":1,"name":"Jurisdiction","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13273,"metadata":{},"date_created":"2026-06-26 03:48:28","date_modified":"2026-06-26 03:48:28","permalink":{"id":179271,"object_type":"structure","relational_id":14515,"identifier":"2","token":"20\/7.1\/2","url":"\/20\/7.1\/2\/","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":56827,"structure_id":14515,"section_number":"20-146.12","catch_line":"Initial child custody jurisdiction","url":"\/20-146.12\/","token":"20\/7.1\/2\/20-146.12","metadata":false},{"id":71952,"structure_id":14515,"section_number":"20-146.13","catch_line":"Exclusive, continuing jurisdiction","url":"\/20-146.13\/","token":"20\/7.1\/2\/20-146.13","metadata":false},{"id":64810,"structure_id":14515,"section_number":"20-146.14","catch_line":"Jurisdiction to modify determination","url":"\/20-146.14\/","token":"20\/7.1\/2\/20-146.14","metadata":false},{"id":55943,"structure_id":14515,"section_number":"20-146.15","catch_line":"Temporary emergency jurisdiction","url":"\/20-146.15\/","token":"20\/7.1\/2\/20-146.15","metadata":false},{"id":63781,"structure_id":14515,"section_number":"20-146.16","catch_line":"Notice; opportunity to be heard; joinder","url":"\/20-146.16\/","token":"20\/7.1\/2\/20-146.16","metadata":false},{"id":85749,"structure_id":14515,"section_number":"20-146.17","catch_line":"Simultaneous proceedings","url":"\/20-146.17\/","token":"20\/7.1\/2\/20-146.17","metadata":false},{"id":85297,"structure_id":14515,"section_number":"20-146.18","catch_line":"Inconvenient forum","url":"\/20-146.18\/","token":"20\/7.1\/2\/20-146.18","metadata":false},{"id":63634,"structure_id":14515,"section_number":"20-146.19","catch_line":"Jurisdiction declined by reason of conduct","url":"\/20-146.19\/","token":"20\/7.1\/2\/20-146.19","metadata":false},{"id":86444,"structure_id":14515,"section_number":"20-146.20","catch_line":"Information to be submitted to court","url":"\/20-146.20\/","token":"20\/7.1\/2\/20-146.20","metadata":false},{"id":84744,"structure_id":14515,"section_number":"20-146.21","catch_line":"Appearance of parties and child","url":"\/20-146.21\/","token":"20\/7.1\/2\/20-146.21","metadata":false}],"next_section":{"id":71952,"structure_id":14515,"section_number":"20-146.13","catch_line":"Exclusive, continuing jurisdiction","url":"\/20-146.13\/","token":"20\/7.1\/2\/20-146.13","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-146.12\/","history_text":"

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 305<\/a>.<\/p>","references":[{"id":71952,"section_number":"20-146.13","catch_line":"Exclusive, continuing jurisdiction","order_by":null,"url":"\/20-146.13\/"},{"id":64810,"section_number":"20-146.14","catch_line":"Jurisdiction to modify determination","order_by":null,"url":"\/20-146.14\/"},{"id":55943,"section_number":"20-146.15","catch_line":"Temporary emergency jurisdiction","order_by":null,"url":"\/20-146.15\/"},{"id":63634,"section_number":"20-146.19","catch_line":"Jurisdiction declined by reason of conduct","order_by":null,"url":"\/20-146.19\/"},{"id":69527,"section_number":"20-146.25","catch_line":"Temporary visitation","order_by":null,"url":"\/20-146.25\/"},{"id":66332,"section_number":"20-146.27","catch_line":"Enforcement of registered determination","order_by":null,"url":"\/20-146.27\/"},{"id":85878,"section_number":"20-146.28","catch_line":"Simultaneous proceedings","order_by":null,"url":"\/20-146.28\/"},{"id":86219,"section_number":"20-146.29","catch_line":"Expedited enforcement of child custody; determination","order_by":null,"url":"\/20-146.29\/"},{"id":60654,"section_number":"20-146.3","catch_line":"Application to Indian tribes","order_by":null,"url":"\/20-146.3\/"},{"id":73118,"section_number":"20-146.31","catch_line":"Hearing and order","order_by":null,"url":"\/20-146.31\/"},{"id":54375,"section_number":"20-146.34","catch_line":"Recognition and enforcement","order_by":null,"url":"\/20-146.34\/"},{"id":73892,"section_number":"20-146.4","catch_line":"International application","order_by":null,"url":"\/20-146.4\/"}],"refers_to":[{"id":55943,"section_number":"20-146.15","catch_line":"Temporary emergency jurisdiction","order_by":null,"url":"\/20-146.15\/"},{"id":85297,"section_number":"20-146.18","catch_line":"Inconvenient forum","order_by":null,"url":"\/20-146.18\/"},{"id":63634,"section_number":"20-146.19","catch_line":"Jurisdiction declined by reason of conduct","order_by":null,"url":"\/20-146.19\/"}],"permalink":{"id":179273,"object_type":"law","relational_id":56827,"identifier":"20-146.12","token":"20\/7.1\/2\/20-146.12","url":"\/20-146.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-146.12\/","token":"20\/7.1\/2\/20-146.12","dublin_core":{"Title":"Initial child custody jurisdiction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-146.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in \u00a7 20-146.15<\/a>, a court<\/span> of this Commonwealth has jurisdiction<\/span> to make an initial child custody<\/span> determination only if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> This Commonwealth is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A court<\/span> of another state does not have jurisdiction<\/span> under subdivision 1, or a court<\/span> of the home state of the child has declined to exercise jurisdiction<\/span> on the ground that this Commonwealth is the more appropriate forum under § 20-146.18<\/a> or § 20-146.19<\/a>, and (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence and (ii) substantial evidence<\/span> is available in this Commonwealth concerning the child’s care, protection, training, and personal relationships; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All courts<\/span> having jurisdiction<\/span> under subdivision 1 or 2 have declined to exercise jurisdiction<\/span> on the ground that a court<\/span> of this Commonwealth is the more appropriate forum to determine the custody<\/span> of the child under § 20-146.18<\/a> or § 20-146.19<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No court<\/span> of any other state would have jurisdiction<\/span> under the criteria specified in subdivision 1, 2, or 3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subsection A is the exclusive jurisdictional basis for making a child custody<\/span> determination by a court<\/span> of this Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Physical presence of, or personal jurisdiction<\/span> over, a party<\/span> or a child is not necessary or sufficient to make a child custody<\/span> determination. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINITIAL CHILD CUSTODY JURISDICTION (\u00a7 20-146.12)\n\nA. Except as otherwise provided in \u00a7 20-146.15, a court of this Commonwealth\nhas jurisdiction to make an initial child custody determination only if:\n\n 1. This Commonwealth is the home state of the child on the date of the\n commencement of the proceeding, or was the home state of the child within six\n months before the commencement of the proceeding and the child is absent from\n this Commonwealth but a parent or person acting as a parent continues to live\n in this Commonwealth;\n\n 2. A court of another state does not have jurisdiction under subdivision 1, or\n a court of the home state of the child has declined to exercise jurisdiction\n on the ground that this Commonwealth is the more appropriate forum under\n § 20-146.18 or § 20-146.19, and (i) the child and the child’s\n parents, or the child and at least one parent or a person acting as a parent,\n have a significant connection with this Commonwealth other than mere physical\n presence and (ii) substantial evidence is available in this Commonwealth\n concerning the child’s care, protection, training, and personal\n relationships;\n\n 3. All courts having jurisdiction under subdivision 1 or 2 have declined to\n exercise jurisdiction on the ground that a court of this Commonwealth is the\n more appropriate forum to determine the custody of the child under §\n 20-146.18 or § 20-146.19; or\n\n 4. No court of any other state would have jurisdiction under the criteria\n specified in subdivision 1, 2, or 3.\n\nB. Subsection A is the exclusive jurisdictional basis for making a child custody\ndetermination by a court of this Commonwealth.\n\nC. Physical presence of, or personal jurisdiction over, a party or a child is\nnot necessary or sufficient to make a child custody determination.\n\nHISTORY: 1979, c. 229, \u00a7 20-126; 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}}