                                 CODE OF VIRGINIA

INITIAL CHILD CUSTODY JURISDICTION (§ 20-146.12)

A. Except as otherwise provided in § 20-146.15, a court of this Commonwealth
has jurisdiction to make an initial child custody determination only if:

   1. 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;

   2. 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
   &#xA7; 20-146.18 or &#xA7; 20-146.19, and (i) the child and the child&#8217;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&#8217;s care, protection, training, and personal
   relationships;

   3. 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 &#xA7;
   20-146.18 or &#xA7; 20-146.19; or

   4. No court of any other state would have jurisdiction under the criteria
   specified in subdivision 1, 2, or 3.

B. Subsection A is the exclusive jurisdictional basis for making a child custody
determination by a court of this Commonwealth.

C. Physical presence of, or personal jurisdiction over, a party or a child is
not necessary or sufficient to make a child custody determination.

HISTORY: 1979, c. 229, § 20-126; 2001, c. 305.