16.1-244 - Concurrent jurisdiction; exceptions. - Virginia Statutes

§ 16.1-244. Concurrent jurisdiction; exceptions.

A. Nothing contained in this law shall deprive any other court of theconcurrent jurisdiction to determine the custody of children upon a writ ofhabeas corpus under the law, or to determine the custody, guardianship,visitation or support of children when such custody, guardianship, visitationor support is incidental to the determination of causes pending in suchcourts, nor deprive a circuit court of jurisdiction to determine spousalsupport in a suit for separate maintenance. However, when a suit for divorcehas been filed in a circuit court, in which the custody, guardianship,visitation or support of children of the parties or spousal support is raisedby the pleadings and a hearing, including a pendente lite hearing, is set bythe circuit court on any such issue for a date certain or on a motions docketto be heard within 21 days of the filing, the juvenile and domestic relationsdistrict courts shall be divested of the right to enter any further decreesor orders to determine custody, guardianship, visitation or support whenraised for such hearing and such matters shall be determined by the circuitcourt unless both parties agreed to a referral to the juvenile court. Nothingin this section shall deprive a circuit court of the authority to refer anysuch case to a commissioner for a hearing or shall deprive the juvenile anddomestic relations district courts of the jurisdiction to enforce its validorders prior to the entry of a conflicting order of any circuit court for anyperiod during which the order was in effect or to temporarily place a childin the custody of any person when that child has been adjudicated abused,neglected, in need of services or delinquent subsequent to the order of anycircuit court.

B. Jurisdiction of cases involving violations of federal law by a child shallbe concurrent and shall be assumed only if waived by the federal court or theUnited States attorney.

(Code 1950, § 16.1-161; 1956, c. 555; 1977, c. 559; 1978, c. 740; 1984, cc.657, 669; 1985, c. 183; 1987, c. 36; 1989, c. 509; 1990, c. 600; 2000, c.781; 2003, c. 129.)