How do I file for custody in Virginia?

Where to file

Venue is first in the city or county that is the child’s home when the petition is filed, or was the child’s home within six months before and a parent or person acting as a parent still lives there, with other options in order of priority in § 16.1-243(A)(1)(b). Virginia must also have jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, for example because it is the child’s home state (§ 20-146.12).

What to file

The J&DR District Court Manual says the DC-511 Petition is used, with a separate petition for custody and for visitation and for each child, and that a DC-620 Affidavit (Uniform Child Custody Jurisdiction and Enforcement Act) is filed with it. The affidavit gives, under oath and if reasonably ascertainable, where and with whom the child has lived for the past five years and any other custody or related cases (§ 20-146.20).

The filing fee is $25, and one fee covers all custody and visitation petitions filed at the same time by a single petitioner. The case is not set for hearing until the fee is paid, except on account of poverty under § 17.1-606 (§ 16.1-69.48:5).

After filing

The court issues a summons requiring the other parent to appear, with a copy of the petition (§ 16.1-263). No written answer is required, and a failure to file one is taken as a denial (Rule 8:8(b) of the Rules of Supreme Court of Virginia). In a contested case, the parties must show proof that they attended, or will attend, an approved parent education seminar (§ 16.1-278.15(A)).