VIRGINIA Part 65

Moving concerns

If you and your child recently moved from Virginia to another state, generally you cannot file for custody in that new state until you have lived there for at least six months.  Until then, you or the other parent can start a custody action in Virginia, as long as your child has most recently lived there for at least six months. There are some exceptions, however - please see below.

If you and your child recently moved to Virginia from another state, generally you cannot file for custody in Virginia until you have lived there for at least six months. Until then, you or the other parent can start a custody action in the state you moved from, as long as your child has most recently lived there for at least six months. There are some exceptions, however - please see below.