Updated on: 5:52 pm

Virginia Surrogacy Lawyer Richmond Custody Visitation Birth Certificate

Updated on: 5:52 pm

Surrogacy Virginia Lawyer Richmond Custody Visitation Birth Certificate

Catherine v. Edward


A mother appealed the registration, by the domestic relations court which was affirmed by the Circuit Court (Virginia), of the entirety of four custody and visitation orders from a North Carolina court adjudicating custody and visitation over a minor child, as between the mother, the biological father, and the father named on the birth certificate.  A surrogacy agreement had been entered in to with the biological mother prior to the birth of the child.

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Surrogacy Virginia Lawyer Richmond Custody Visitation Birth Certificate

Surrogacy Virginia Lawyer

The Virginia Court made the following holding:
  • An enforcement proceeding and a modification proceeding are distinctly separate proceedings. Va. Code Ann. § 20-146.1 defines the term child custody determination as a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, or modification order. A child custody proceeding is defined to include modification proceedings, but the definition specifically excludes enforcement proceedings. Va. Code Ann. § 20-146.1. Thus, by definition, a modification proceeding and an enforcement proceeding are distinct from one another.
  • A child custody determination can only be modified if the jurisdictional requirements of Article 2 of the Uniform Child Custody Jurisdiction and Enforcement Act are met, Va. Code Ann. § 20-146.14, whereas a child custody determination can be registered under Article 3 of the Uniform Child Custody Jurisdiction and Enforcement Act regardless of whether the registering state has jurisdiction over any of the parties, Va. Code Ann. § 20-146.26.

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Article written by A Sris

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These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Mr. Sris


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