Simultaneous Proceedings Virginia Law Arlington

Simultaneous Proceedings Cases In Arlington – Virginia Lawyers

Simultaneous Proceedings Cases In Arlington Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Simultaneous Proceedings Virginia Law Arlington
Simultaneous Proceedings Virginia Law Arlington

ARLINGTON VIRGINIA LAWYERS – UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT STATUTE

Va. Code Ann. §20-146.17

§ 20-146.17. Simultaneous proceedings.

A. Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been previously commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under § 20-146.18.

B. Except as otherwise provided in § 20-146.15, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 20-146.20. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.

C. In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

    1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
    2. Enjoin the parties from continuing with the proceeding for enforcement; or
    3. Proceed with the modification under conditions it considers appropriate.

VIRGINIA LAWYERS – SIMULTANEOUS PROCEEDINGS

Virginia Statute

Description

Va. Code Ann. §20-146.17(A)

Simultaneous proceedings

Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if,

  1. At the time of the commencement of the proceeding,
  2. A proceeding concerning the custody of the child has been previously commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or
  3. Is stayed by the court of the other state because a court of this Commonwealth is a more convenient forum under § 20-146.18.
Va. Code Ann. §20-146.17(B)

 

Except as otherwise provided in § 20-146.15, a court of this Commonwealth, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 20-146.20.

  1. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this Commonwealth shall stay its proceeding and communicate with the court of the other state.
  2. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this Commonwealth is a more appropriate forum, the court of this Commonwealth shall dismiss the proceeding.
Va. Code Ann. §20-146.17(C)

Simultaneous proceedings

In a proceeding to modify a child custody determination, a court of this Commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

  1. Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
  2. Enjoin the parties from continuing with the proceeding for enforcement; or
  3. Proceed with the modification under conditions it considers appropriate.

Simultaneous Proceedings Cases In Arlington Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Arlington, Virginia

Arlington Circuit Court

1425 North Courthouse Road
Arlington, VA 22201

Arlington General District Court

1425 North Courthouse Road
Suite 2400
Second Floor
Arlington, VA 22201

Arlington Juvenile and Domestic Relations District Court

P. O. Box 925
1425 North Courthouse Rd, Ste 4100
Arlington County Justice Center
Arlington, VA 22216

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.