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Legal Information: Virginia

Custody

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Updated: 
December 19, 2023

How much does it cost to file a custody petition?

A fee of $25 is generally required for filing either a custody or visitation petition in court.1 There may be an additional fee for serving the other parent with the custody papers, which is usually done by a sheriff, third party, or process server.

If you cannot afford the filing fee, you may be able to have the fee waived when you file the petition if you are a Virginia resident. (If you are not a Virginia resident, you could only get court fees waived if you are the defendant in the case.)2 You can ask the clerk of court for more information about how to ask for a fee waiver when you file your petition.

1 Va. Code § 16.1-69.48:5
2 Va. Code § 17.1-606