Interstate custody and visitation disputes can be complicated for jurisdictional and practical reasons. In an effort to simplify interstate custody and visitation jurisdictional disputes, Virginia has adopted the Uniform Child Custody Enforcement Act (“UCCJEA”). Massachusetts is the only state which has not adopted it. Virginia’s codification of the UCCJEA can be found at Virginia Code Sections 20-146.1 through 20-146.38. The UCCJEA addresses such topics as which state may make an initial custody or visitation determination and which state may modify an existing custody or visitation order.
Although the UCCJEA has certainly helped resolve some problems with interstate cases, interstate cases still are often complicated. The interpretation and application of the UCCJEA to a particular set of facts can be a source of disagreement. Because of the complexity involved, you should seek the advice of a lawyer before making any decisions regarding your interstate custody or visitation situation.