Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Sections on Modification Jurisdiction, Priority, Application to Indian Tribes and Adoptions

Table of Contents of UCCJEA Article | Introduction

SECTION 103. PROCEEDINGS GOVERNED BY OTHER LAW. This [Act] does not
govern an adoption proceeding or a proceeding pertaining to the
authorization of emergency medical care for a child.

Virginia:

UCCJEA SECTION 107 -.

SECTION 107. PRIORITY. If a question of existence or exercise of
jurisdiction under this [Act] is raised in a child-custody proceeding,
the question, upon request of a party, must be given priority on the
calendar and handled expeditiously.

Virginia:
§20-146.6. Priority

If a question of existence or exercise of jurisdiction under this Act is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
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SECTION 203. JURISDICTION TO MODIFY DETERMINATION. Except as otherwise
provided in Section 204, a court of this State may not modify a
child-custody determination made by a court of another State unless a
court of this State has jurisdiction to make an initial determination
under Section 201(a)(1) or (2) and:

(1) the court of the other State determines it no longer has exclusive,
continuing jurisdiction under Section 202 or that a court of this State
would be a more convenient forum under Section 207; or

(2) a court of this State or a court of the other State determines that
the child, the child's parents, and any person acting as a parent do not
presently reside in the other State.

Virginia:

§20-146.14. (UCCJEA SECTION 203) Jurisdiction to modify determination.

Except as otherwise provided in §20-146.15, a court of this Commonwealth may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under subdivision A1 or A2 of §20-146.12 and:

1. The court of the other state determines it no longer has exclusive, continuing jurisdiction under §20-146.13 or that a court of this Commonwealth would be a more convenient forum under § 20-146.18; or

2. A court of this Commonwealth or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
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UCCJEA SECTION 103 - §20-146.2. Proceedings governed by other law.

This Act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
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UCCJEA SECTION 104 Application to Indian tribes.

SECTION 104. APPLICATION TO INDIAN TRIBES.

(a) A child-custody proceeding that pertains to an Indian child as
defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is
not subject to this [Act] to the extent that it is governed by the
Indian Child Welfare Act.

[(b) A court of this State shall treat a tribe as if it were a State of
the United States for the purpose of applying [Articles] 1 and 2.]

[(c) A child-custody determination made by a tribe under factual
circumstances in substantial conformity with the jurisdictional
standards of this [Act] must be recognized and enforced under [Article]
3.]

Virginia - §20-146.3.:

A. A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this Act to the extent that it is governed by the Indian Child Welfare Act.

B. A court of this Commonwealth shall treat a tribe as if it were a state of the United States for the purpose of applying this article and Article 2 (§20-146.12 et seq.).

C. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this Act must be recognized and enforced under Article 3 (§20-146.22 et seq.).

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