2006 Code of Virginia § 20-146.12 - Initial child custody jurisdiction

20-146.12. Initial child custody jurisdiction.

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

1. This Commonwealth is the home state of the child on the date of thecommencement of the proceeding, or was the home state of the child within sixmonths before the commencement of the proceeding and the child is absent fromthis Commonwealth but a parent or person acting as a parent continues to livein 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 exercisejurisdiction on the ground that this Commonwealth is the more appropriateforum under 20-146.18 or 20-146.19, and (i) the child and the child'sparents, 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 physicalpresence and (ii) substantial evidence is available in this Commonwealthconcerning the child's care, protection, training, and personal relationships;

3. All courts having jurisdiction under subdivision 1 or 2 have declined toexercise jurisdiction on the ground that a court of this Commonwealth is themore appropriate forum to determine the custody of the child under 20-146.18 or 20-146.19; or

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

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

C. Physical presence of, or personal jurisdiction over, a party or a child isnot necessary or sufficient to make a child custody determination.

(1979, c. 229, 20-126; 2001, c. 305.)