CODE OF VIRGINIA

SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE (§ 20-88.38)

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.

HISTORY: 1994, c. 673; 2015, c. 727.