Conozca la Ley: Virginia
ACTUALIZADA 19 de septiembre, 2009
Below is state-specific information about custody in Virginia.
- Definitions
- Basic information
- Who can get custody and visitation
- The custody process
- Steps for filing for custody
- After an order is in place
- Child support
Steps for filing for custody
arribaStep 1: File the custody petition in court.
To get a custody order from a court, you will need to start by filing a petition in the Court Service Unit of a juvenile and domestic relations district court in the county where your child is living.* For a list of courthouses in VA, please see our VA Courthouse Locations page.
You will be charged a fee of $25 unless you are a low-income person and apply to have that fee waived.**
On the petition, you will be asked to provide your address. If you do not want the other parent to know your address because you fear physical harm, be sure to tell this to the clerk and ask how your address can be kept confidential.
* See VA's Judicial System website, Frequently Asked Questions, www.courts.state.va.us/
** Va. Code Ann. §§ 16.1-69.48:5; 17.1-606
arribaStep 2: Get the custody papers served on the abuser.
After you file for custody, you will have to make sure that the other parent gets legal notice of the court case by having him served with the custody petition and accompaying legal documents (called “service of process”). This is done by having a third party (i.e, a process server, someone from the sheriff ‘s department, or anyone over 18 who is not involved in the case) hand copies of the legal papers to the other parent. Depending on who does the service, there may be a fee. For a list of sheriff departments in VA, please see our VA Sheriff Departments page.
arribaStep 3: Appear in front of the judge.
Your case will be assigned to a particular judge after the petition is filed. All of your court dates will generally be scheduled with your assigned judge. You may appear in front of the judge on the date you file if you are asking for immediate temporary custody. Otherwise, you may be given a date to return to court to appear in fronf of the judge. The abuser will also be able to appear in court on that date as well.
Once you are both in front of the judge, you may be asked to participate in mediation (also called alternative dispute resolution). If you are afraid of the other parent, or there is a history of family abuse, you can ask the judge to skip the mediation step.* See What is mediation and who pays for it? for a detailed explanation of mediation. If you do reach an agreement through mediation, the judge will review it and then it will become a court order, unless the court finds that the agreement will not be in the best interests of the child.
If you do not reach an agreement during mediation, or you do not go through mediation, you will have a hearing in front of a judge where both parents will be able to present evidence and witnesses to strengthen their case. There may be multiple hearings before the judge issues a judgment or final custody order. We strongly suggest you get a lawyer to represent you in the hearing to make sure your interests are protected. Go to VA Finding a Lawyer page to find free and paid lawyers.
* Va. Code Ann. § 20-124.4