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Essentially, the Virginia Courts want to avoid confusion, and will take the jurisdiction to avoid a situation where no court has jurisdiction. However, “he purpose behind this statutory scheme is to extend a state’s home state status throughout the six-month period it would take for another state to become the child’s new home state”. One may find it odd that Virginia would take jurisdiction over a custody matter if the child no longer lives in Virginia. Virginia § 20-146.12 gives Virginia courts the authority to take jurisdiction over a custody case if the child moved from Virginia less than six months ago.
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Additionally, under s§ 20-146.12(a)(1), if the child has resided in Virginia for six months prior to the case being filed, but has relocated from Virginia into another state, then so long as one parent or guardian still lives in Virginia, then Virginia will take jurisdiction of the custody/visitation matter even if there is no prior Virginia order. Furthermore, the Virginia UCCJEA, notes that if the child is younger than six months old, then the court will base its decision on whether the child was born in Virginia and has lived here since birth. Subsection A, 1 of § 20-146.12 notes that if the child currently lives in Virginia and has done so for the last six months, then Virginia will have valid jurisdiction. Was enacted to avoid jurisdictional competition and conflict with courts of other states in matters of child custody to promote cooperation with courts of other states so that a custody decree is rendered in a state which can best decide the issue in the interest of the child to assure that litigation over the custody of a child ordinarily occurs in the state that is most closely connected with the child and his family and where significant evidence concerning his care, protection, training, and personal relationships is most readily available to assure that the courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another state…. The Supreme Court of Virginia said it best in Middleton V. When one of the parties or children lives, or has recently lived, in another state, then the court needs to review both the Code of Virginia § 20-146.12 and the Virginia UCCJEA. If both parents and the child have always lived in Virginia, then it is an easy question. When there is NO Prior Custody/Visitation Order
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“Does Virginia have jurisdiction over my custody and/or visitation matter?” The answer to this question is largely determined by the existence, or lack of, a prior Virginia custody/visitation order.