How to File a Custody or Visitation Petition in Virginia

Can Virginia hear the case?

Interstate custody jurisdiction is governed by the Uniform Child Custody Jurisdiction and Enforcement Act in Va. Code § 20-146.1 and following. Except for temporary emergency jurisdiction, a Virginia court can make an initial custody determination only if one of the grounds in § 20-146.12(A) applies. The first is that Virginia is the child’s home state on the date the case starts, or was the home state within six months before and a parent or person acting as a parent still lives here.

Which court

Venue for custody or visitation in the J&DR court is set by § 16.1-243(A)(1)(b), in order of priority. First is 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 the child is absent because of removal or retention by a person claiming custody or for other reasons, while a parent or person acting as a parent still lives there. The statute then lists a place with a significant connection to the child and substantial evidence about the child’s care, a place where the child is physically present and has been abandoned or needs emergency protection, and finally a place where it is in the child’s best interest for the court to act because no other city or county is an appropriate venue under the earlier options.

If venue lies in more than one city or county, a court asked to transfer the case decides the most appropriate venue based on the child’s best interests, unless the parties agree (§ 16.1-243(B)(2)).

What you file

1. The petition. Petitions that start a case are the responsibility of the intake officer, who must accept and file a petition alleging that a child’s custody or visitation is in controversy or requires determination (§ 16.1-260(A) and (C)). The J&DR District Court Manual says the standard DC-511, Petition should be used, with a separate petition for custody and for visitation and for each child. The District Court Manual’s forms volume describes the DC-511 as prepared by the petitioner and the intake officer, and it is not among the fillable forms on the court’s domestic relations forms page.
2. The affidavit. DC-620, Affidavit (Uniform Child Custody Jurisdiction and Enforcement Act) gives the child’s current address, every place and person the child has lived with in the last five years, and any other custody or related cases you know of, as § 20-146.20 requires. The manual says it is filed with the initial pleadings in both interstate and in-state cases. It is sworn before a notary or other authorized officer.
3. The fee, or a fee waiver. The filing fee is $25, and only one $25 fee is required for all custody and visitation petitions you file at the same time (§ 16.1-69.48:5). The case is not set for hearing until the fee is paid, except on account of poverty under § 17.1-606, which you request on DC-409, Petition for Proceeding in Civil Case Without Payment of Fees or Costs (revised 07/21).

Under § 16.1-262, the petition states the child’s name, age, date of birth, and residence, the names and residences of the parents or other custodians, and the specific facts that bring the child before the court. If you do not know a required fact, the petition says so, and the petition must be verified.

After you file

• Summons. The court directs a summons to at least one parent or other custodian and to other proper or necessary parties. The summons requires them to appear personally at the time set, a copy of the petition goes with it, and it advises the parties of their right to counsel (§ 16.1-263(A) and (B)).
• Service. The summons is served in person or by substituted service inside Virginia, with other methods for a party outside Virginia (§ 16.1-264(A)). See the service guide.
• Before the hearing. In a contested case each party must show proof of attending, or that they will attend, an approved parent education seminar (§ 16.1-278.15(A)), and in an appropriate case the court refers the parties to a dispute resolution orientation session (§ 20-124.4). The court may enter an order for custody, visitation, or maintenance while the case is pending (§ 20-103(C)).

If you are the respondent

Rule 8:8(b) of the Rules of Supreme Court of Virginia says a respondent need not file a pleading, may file one admitting or denying the facts in the petition, or may file a motion raising objections. Any allegation not admitted is deemed denied, and failing to file a pleading is taken as a denial.

What you must do is appear. The summons is a mandate of the court, and willful failure to obey it can be punished as contempt (§ 16.1-264(D)). If you want custody or visitation yourself, you can file your own petition through the intake office. The manual says any party filing pleadings in a custody case also files a DC-620 affidavit.

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• Va. Code § 20-146.1, UCCJEA definitions
• Va. Code § 20-146.12, initial child custody jurisdiction
• Va. Code § 20-146.20, information to be submitted to court
• Va. Code § 16.1-243, venue
• Va. Code § 16.1-260, intake; petition
• Va. Code § 16.1-262, form and content of petition
• Va. Code § 16.1-263, summonses
• Va. Code § 16.1-264, service of summons
• Va. Code § 16.1-69.48:5, J&DR custody and visitation filing fee
• Va. Code § 17.1-606, services without fees or costs
• Va. Code § 16.1-278.15, custody or visitation orders
• Va. Code § 20-103, orders pending suit
• Va. Code § 20-124.4, mediation
• Rules of Supreme Court of Virginia, Rule 8:8 (full rules PDF)
• Form DC-620, UCCJEA affidavit
• Form DC-621, Non-Disclosure Addendum
• Form DC-409, petition to proceed without fees or costs
• J&DR District Court Manual, Chapter 6 (custody case initiation)
• District Court Manual forms volume, DC-511 Juvenile Petition
• District Court Forms Listing (revised 07/2026)
• J&DR domestic relations forms, vacourts.gov
• The Juvenile and Domestic Relations District Court (judiciary pamphlet)