By Sharie Reyes Albers, Partner, Virginia Family Law Center
When parents live in different states, questions about where a custody or visitation case should be heard can quickly become complicated. To prevent “forum shopping” and ensure consistency across state lines, nearly every state, including Virginia, follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The UCCJEA determines which state has the authority to make an initial custody decision and which state may later modify that order. Understanding these rules is essential if a parent plans to move, has already moved, or is facing an out-of-state filing from the other parent.
How the UCCJEA Determines Jurisdiction for an Initial Custody Order
The UCCJEA creates a strict hierarchy for deciding where an initial custody case must be filed:
1. The Child’s “Home State”
The home state has top priority. A child’s home state is:
- The state where the child lived with a parent for the six months immediately before the custody case was filed, or
- If the child is under six months old, the state where they were born and lived from birth.
If the child recently left the home state but a parent still lives there, the old home state may still retain jurisdiction for six months after the move.
2. Significant Connection Jurisdiction
If no home state exists, a court may take jurisdiction if:
- The child and at least one parent have a meaningful connection to the state, and
- Important evidence about the child’s care, development, or relationships is available there.
3. Default Jurisdiction
If neither of the above applies, any state with an appropriate connection to the child may exercise jurisdiction.
Understanding Home State Jurisdiction
The home state rule is the backbone of the UCCJEA. Here’s how it applies:
Example
A child lives in Virginia from birth until age one. One parent relocates to Texas with the child.
- Texas cannot take jurisdiction until the child has lived there for six consecutive months.
- If the other parent files in Virginia before the six months pass, Virginia retains jurisdiction.
This rule protects parents from losing access to their home court simply because the other parent moved quickly.
What about other countries?
Under the UCCJEA, certain foreign countries may be treated as a “state” for jurisdictional purposes, meaning an international move can still trigger home-state analysis.
When the Home State May Decline Jurisdiction
A home state court can choose not to exercise its authority in three limited circumstances:
1. Inconvenient Forum
The court analyzes factors such as:
- Where evidence and witnesses are located
- Whether domestic violence is involved
- Financial burdens of litigating in that state
- The court’s familiarity with the case
If another state is clearly better positioned, the home state may transfer jurisdiction.
2. Emergency Jurisdiction
A state may enter a temporary custody order if a child, parent, or sibling has been:
- Abandoned
- Threatened with mistreatment
- Subjected to abuse
These emergency orders remain temporary until the proper home state takes over.
3. Unjustifiable Conduct
If a parent wrongfully takes or hides a child to create jurisdiction, the court must decline jurisdiction and may order that parent to pay the other side’s costs.
Examples include:
- Moving with the child in secret
- Concealing the child’s location
- Violating an existing order to gain home-state status
UCCJEA Rules for Modifying an Existing Custody Order
Even when a case begins in Virginia, another state may later become the child’s home state. However, Virginia keeps exclusive, continuing jurisdiction over its custody order unless:
- The child and at least one parent no longer have a significant connection to Virginia, or
- The child, both parents, and anyone acting as a parent have all moved away from Virginia.
Only the issuing state (Virginia) may decide it has lost its “significant connection” jurisdiction.
But any state may determine whether everyone has moved away.
When a New State Cannot Modify
A new home state cannot modify the old order unless the original state:
- Affirms it no longer has jurisdiction, or
- Declines jurisdiction because the new state is a more convenient forum
If jurisdiction was created by unjustifiable conduct, the original court must decline to exercise it.
Why Jurisdiction Matters So Much
Incorrect jurisdiction can result in:
- Delay
- Dismissed filings
- Conflicting orders
- Significant travel costs
- Loss of strategic advantage
Parents should act quickly if they suspect the other parent may relocate or file out of state.
Practical Guidance for Virginia Parents
For Initial Custody Cases
If you believe the other parent may move — or already has — you should consult an attorney immediately. Custody cases filed within the correct six-month window can anchor the case in Virginia, even if the child is taken elsewhere.
For Modifications of an Out-of-State Order
Before filing anything, a Virginia court must determine whether it has jurisdiction under the UCCJEA. Filing in the wrong state can delay your case for months and may result in invalid orders.
Talk With a Virginia Custody Attorney
Interstate custody cases are complex, time-sensitive, and often high-conflict. The attorneys at Virginia Family Law Center advise parents on UCCJEA issues every year, including emergency filings, relocation disputes, and multi-state modification requests.
If you are unsure which state has jurisdiction — or believe the other parent may try to litigate in another state — contact our team as early as possible to protect your rights and your child’s stability.
For more information about custody and visitation in Virginia, see our Virginia Child Custody Guide.
Contact Virginia Family Law Center today to schedule your consultation. Call us at 703.865.5839 or request a Free Case Review through our secure online form.
About the Author
Sharie Reyes Albers
is a Partner and senior family law attorney at Virginia Family Law Center, representing clients throughout Northern Virginia in divorce, child custody, visitation, child support, and equitable distribution matters. A Virginia lawyer since 2012, Ms. Albers practices exclusively in family law and is known for her courtroom skill, strategic case preparation, and steady guidance during high-conflict family disputes.
