VIRGINIA Part 64

Can I file for custody in Virginia? (Which state has jurisdiction?)

Generally, you can file for custody in Virginia only if Virginia is your child’s “home state.”*  There are exceptions, however, which will be discussed more below.

Virginia will qualify as your child’s home state if:

Your child has lived in Virginia for the last 6 months in a row or longer, OR

Virginia was the last state that your child lived in for at least 6 months in a row or longer (and now s/he has been living somewhere else for less than 6 months but a parent still lives in VA), OR

Your child is less than 6 months old, but has lived in Virginia since birth.

Leaving Virginia for a short period of time will not change the fact that VA is your child’s home state.**