20-88.38 - Simultaneous proceedings in another state. - Virginia Statutes

§ 20-88.38. Simultaneous proceedings in another state.

A. A tribunal of this Commonwealth may exercise jurisdiction to establish asupport order if the petition or comparable pleading is filed after apleading is filed in another state only if:

1. The petition or comparable pleading in this Commonwealth is filed beforethe expiration of the time allowed in the other state for filing a responsivepleading challenging the exercise of jurisdiction by the other state;

2. The contesting party timely challenges the exercise of jurisdiction in theother state; and

3. If relevant, this Commonwealth is the home state of the child.

B. A tribunal of this Commonwealth may not exercise jurisdiction to establisha support order if the petition or comparable pleading is filed before apetition or comparable pleading is filed in another state if:

1. The petition or comparable pleading in the other state is filed before theexpiration of the time allowed in this Commonwealth for filing a responsivepleading challenging the exercise of jurisdiction by this Commonwealth;

2. The contesting party timely challenges the exercise of jurisdiction inthis Commonwealth; and

3. If relevant, the other state is the home state of the child.

(1994, c. 673.)