W. Va. Code § 48-16-204

Current through 2024 Regular Session
Section 48-16-204 - Simultaneous proceedings
(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if:
(1) The petition or comparable pleading in this state 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 foreign country; and
(3) If relevant, this state is the home state of the child.
(b) A tribunal of this state 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 a 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 this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) The contesting party timely challenges the exercise of jurisdiction in this state; and
(3) If relevant, the other state or foreign country is the home state of the child.

W. Va. Code § 48-16-204

Amended by 2015 Acts, ch. 239 (SB 510), eff. 6/11/2015.