Va. Code § 20-88.38: Simultaneous proceedings in another state

A. 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:1. 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;2. The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and3. If relevant, the Commonwealth is the home state of the child.B. 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:1. 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;2. The contesting party timely challenges the exercise of jurisdiction in the Commonwealth; and3. If relevant, the other state or foreign country is the home state of the child.1994, c. 673; 2015, c. 727.