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Virginia

What can I do if the other parent violates a custody order in Virginia?

Quick answer

Under Va. Code § 16.1-292(A), a person violating a J&DR custody or visitation order may be proceeded against by an order to show cause why the order has not been complied with, for contempt of court, or both. The request is made on Form DC-635, Motion for Show Cause Summons or Capias, which has a box for failure to obey a child custody or visitation order under § 16.1-292(A)(i).

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026

What the court can do

When the court finds that a respondent has failed to comply with an order concerning custody and visitation, and personal or substituted service has been obtained, it may issue a civil show cause summons or a capias, and may impose a sentence of up to 12 months in jail (§ 16.1-278.16). The court that entered the order has continuing authority to enforce it, including punishing willful failure to comply as contempt (§ 20-124.2(E)).

A change of custody

Separately, the intentional withholding of visitation without just cause may constitute a material change of circumstances justifying a change of custody, in the discretion of the court (§ 20-108). That request is made on a motion to amend or review the order.

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Where to check this

Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.

This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.

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