Virginia § 20-88.38 Simultaneous proceedings in another state

Virginia Statutes

§ 20-88.38 — Simultaneous proceedings in another state

Virginia § 20-88.38

Title 20DOMESTIC RELATIONS

Ch. 5.3UNIFORM INTERSTATE FAMILY SUPPORT ACT

Art. 3JURISDICTION IN PROCEEDINGS INVOLVING TWO OR MORE STATES

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Bluebook

Va. Code Ann. § 20-88.38 (2026).

Text

A.A tribunal of the Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:

1.The petition or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

2.The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

3.If relevant, the Commonwealth is the home state of the child.

B.A tribunal of the Commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is f

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A. A tribunal of the Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:

1. The petition or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

2. The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

3. If relevant, the Commonwealth is the home state of the child.

B. A tribunal of the Commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if:

1. The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in the Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by the Commonwealth;

2. The contesting party timely challenges the exercise of jurisdiction in the Commonwealth; and

3. If relevant, the other state or foreign country is the home state of the child.