by Michael F. Callahan

In Virginia, you can file to determine or modify child custody or child support in the circuit courts or in the juvenile and domestic relations district court (JDR).

However, filing a divorce in circuit court when there is a hearing on custody or support within 21 days,  will divest the JDR court of jurisdiction of a pending support or custody case.

Lawyers use this statute in appropriate circumstances to bring the child support issue to circuit court.  When the circuit court concludes a divorce case involving child support, it can order that jurisdiction for any modification of support shall be in the JDR court.

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