{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/20-88.38.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/20-88.38.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/20-88.38.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/20-88.38.html"}],"law_id":353730,"edition_id":2,"section_id":353730,"structure_id":50645,"section_number":"20-88.38","catch_line":"Simultaneous proceedings in another state","history":"1994, c. 673; 2015, c. 727.","full_text":"A\n\nA tribunal of the Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:\n\n1\n\nThe petition or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;\n\n2\n\nThe contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and\n\n3\n\nIf relevant, the Commonwealth is the home state of the child.\n\nB\n\nA tribunal of the Commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if:\n\n1\n\nThe petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in the Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by the Commonwealth;\n\n2\n\nThe contesting party timely challenges the exercise of jurisdiction in the Commonwealth; and\n\n3\n\nIf relevant, the other state or foreign country is the home state of the child.\n\n","order_by":null,"text":{"0":{"id":1317737,"text":"A tribunal of the Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1317738,"text":"The petition or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1317739,"text":"The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":1317740,"text":"If relevant, the Commonwealth is the home state of the child.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":1317741,"text":"A tribunal of the Commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":1317742,"text":"The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in the Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by the Commonwealth;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":1317743,"text":"The contesting party timely challenges the exercise of jurisdiction in the Commonwealth; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":1317744,"text":"If relevant, the other state or foreign country is the home state of the child.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2"}},"ancestry":[{"id":50645,"edition_id":2,"name":"Jurisdiction in Proceedings Involving Two or More States","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":50642,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 02:30:38","date_modified":"2026-08-02 12:30:51","permalink":{"id":1405707,"object_type":"structure","relational_id":50645,"identifier":"3","token":"20\/5.3\/3","url":"\/20\/5.3\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50642,"edition_id":2,"name":"Uniform Interstate Family Support Act","identifier":"5.3","label":"chapter","depth":2,"order_by":10,"parent_id":50619,"metadata":{"child_laws":77,"child_structures":13},"date_created":"2026-08-02 02:30:37","date_modified":"2026-08-02 12:30:50","permalink":{"id":1405597,"object_type":"structure","relational_id":50642,"identifier":"5.3","token":"20\/5.3","url":"\/20\/5.3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50619,"edition_id":2,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":56,"parent_id":null,"metadata":{"child_laws":329,"child_structures":36},"date_created":"2026-08-02 02:30:08","date_modified":"2026-08-02 12:30:49","permalink":{"id":1405077,"object_type":"structure","relational_id":50619,"identifier":"20","token":"20","url":"\/20\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":353729,"structure_id":50645,"section_number":"20-88.37","catch_line":"Initiating and responding tribunal of the Commonwealth","url":"\/20-88.37\/","token":"20\/5.3\/3\/20-88.37","metadata":false},{"id":353730,"structure_id":50645,"section_number":"20-88.38","catch_line":"Simultaneous proceedings in another state","url":"\/20-88.38\/","token":"20\/5.3\/3\/20-88.38","metadata":false},{"id":353731,"structure_id":50645,"section_number":"20-88.39","catch_line":"Continuing, exclusive jurisdiction to modify child support order","url":"\/20-88.39\/","token":"20\/5.3\/3\/20-88.39","metadata":false},{"id":353732,"structure_id":50645,"section_number":"20-88.40","catch_line":"Continuing jurisdiction to enforce child support order","url":"\/20-88.40\/","token":"20\/5.3\/3\/20-88.40","metadata":false}],"previous_section":{"id":353729,"structure_id":50645,"section_number":"20-88.37","catch_line":"Initiating and responding tribunal of the Commonwealth","url":"\/20-88.37\/","token":"20\/5.3\/3\/20-88.37","metadata":false},"next_section":{"id":353731,"structure_id":50645,"section_number":"20-88.39","catch_line":"Continuing, exclusive jurisdiction to modify child support order","url":"\/20-88.39\/","token":"20\/5.3\/3\/20-88.39","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-88.38\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 673<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2015, chapter 727<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1405713,"object_type":"law","relational_id":353730,"identifier":"20-88.38","token":"20\/5.3\/3\/20-88.38","url":"\/20-88.38\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/20-88.38\/","token":"20\/5.3\/3\/20-88.38","dublin_core":{"Title":"Simultaneous proceedings in another state","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-88.38","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A tribunal<\/span> of the Commonwealth may exercise jurisdiction<\/span> to establish a support order<\/span> if the petition<\/span> or comparable pleading is filed after a pleading is filed in another state<\/span> or foreign country<\/span> only if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The petition<\/span> or comparable pleading in the Commonwealth is filed before the expiration of the time allowed in the other state<\/span> or the foreign country<\/span> for filing a responsive pleading challenging the exercise of jurisdiction<\/span> by the other state<\/span> or the foreign country<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The contesting party<\/span> timely challenges the exercise of jurisdiction<\/span> in the other state<\/span> or the foreign country<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If relevant, the Commonwealth is the home state<\/span> of the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A tribunal<\/span> of the Commonwealth may not exercise jurisdiction<\/span> to establish a support order<\/span> if the petition<\/span> or comparable pleading is filed before a petition<\/span> or comparable pleading is filed in another state or foreign country<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The petition<\/span> or comparable pleading in the other state or foreign country<\/span> is filed before the expiration of the time allowed in the Commonwealth for filing a responsive pleading challenging the exercise of jurisdiction<\/span> by the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The contesting party<\/span> timely challenges the exercise of jurisdiction<\/span> in the Commonwealth; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If relevant, the other state or foreign country<\/span> is the home state<\/span> of the child<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSIMULTANEOUS PROCEEDINGS IN ANOTHER STATE (\u00a7 20-88.38)\n\nA. A tribunal of the Commonwealth may exercise jurisdiction to establish a\nsupport order if the petition or comparable pleading is filed after a pleading\nis filed in another state or foreign country only if:\n\n 1. The petition or comparable pleading in the Commonwealth is filed before the\n expiration of the time allowed in the other state or the foreign country for\n filing a responsive pleading challenging the exercise of jurisdiction by the\n other state or the foreign country;\n\n 2. The contesting party timely challenges the exercise of jurisdiction in the\n other state or the foreign country; and\n\n 3. If relevant, the Commonwealth is the home state of the child.\n\nB. A tribunal of the Commonwealth may not exercise jurisdiction to establish a\nsupport order if the petition or comparable pleading is filed before a petition\nor comparable pleading is filed in another state or foreign country if:\n\n 1. The petition or comparable pleading in the other state or foreign country\n is filed before the expiration of the time allowed in the Commonwealth for\n filing a responsive pleading challenging the exercise of jurisdiction by the\n Commonwealth;\n\n 2. The contesting party timely challenges the exercise of jurisdiction in the\n Commonwealth; and\n\n 3. If relevant, the other state or foreign country is the home state of the\n child.\n\nHISTORY: 1994, c. 673; 2015, c. 727.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}