Except as otherwise provided in § 20-146.15, a court of the Commonwealth may not modify a child custody determination made by a court of another state unless a court of the Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of § 20-146.12 and:
1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under § 20-146.13 or that a court of the Commonwealth would be a more convenient forum under § 20-146.18; or
2. A court of the Commonwealth or a court of the other state determines that neither a parent of the child, nor the child, nor any person acting as a parent of the child presently resides in the other state.
1979, c. 229, § 20-137; 2001, c. 305; 2016, c. 179.
Structure Code of Virginia
Chapter 7.1 - Uniform Child Custody Jurisdiction and Enforcement Act
§ 20-146.2. Proceedings governed by other law
§ 20-146.3. Application to Indian tribes
§ 20-146.4. International application
§ 20-146.5. Effect of child custody determination
§ 20-146.7. Notice to persons outside state
§ 20-146.8. Appearance and limited immunity
§ 20-146.9. Communication between courts
§ 20-146.10. Taking testimony in another state
§ 20-146.11. Cooperation between courts; preservation of records
§ 20-146.12. Initial child custody jurisdiction
§ 20-146.13. Exclusive, continuing jurisdiction
§ 20-146.14. Jurisdiction to modify determination
§ 20-146.15. Temporary emergency jurisdiction
§ 20-146.16. Notice; opportunity to be heard; joinder
§ 20-146.17. Simultaneous proceedings
§ 20-146.18. Inconvenient forum
§ 20-146.19. Jurisdiction declined by reason of conduct
§ 20-146.20. Information to be submitted to court
§ 20-146.21. Appearance of parties and child
§ 20-146.23. Enforcement under Hague Convention
§ 20-146.25. Temporary visitation
§ 20-146.26. Registration of child custody determination
§ 20-146.27. Enforcement of registered determination
§ 20-146.28. Simultaneous proceedings
§ 20-146.29. Expedited enforcement of child custody; determination
§ 20-146.30. Service of petition and order
§ 20-146.31. Hearing and order
§ 20-146.32. Ex parte order to take physical custody of child
§ 20-146.33. Costs, fees, and expenses
§ 20-146.34. Recognition and enforcement
§ 20-146.36. Application and construction