Family Law Playbook: Virginia Edition · Step 5 of 11
Affidavits, Oaths, and Sworn Statements in Virginia Family Court
Verified petitions, the DC-620 and DC-699 affidavits, and unsworn declarations under Va. Code § 8.01-4.3
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal
Quick answer
A Virginia J&DR petition must be verified (Va. Code § 16.1-262(C)), and the custody information required by § 20-146.20 is given under oath, which the statewide Form DC-620 does with an oath sworn before a notary or other authorized officer. Under § 8.01-4.3, a matter that must be established by a sworn statement may instead be established by an unsworn written declaration signed and dated under penalty of perjury, except for a deposition, an oath of office, or an oath required before a specified official other than a notary.
What has to be sworn
- The petition. A J&DR petition “shall be verified” (§ 16.1-262(C)). A parentage petition is also verified by oath or affirmation (§ 20-49.2).
- The custody information. In a child custody proceeding, each party gives the information in § 20-146.20(A) under oath, in the first pleading or an attached affidavit. If any answer about other proceedings or other claimants is yes, the court can require more information under oath (§ 20-146.20(C)).
- Protective order petitions. A preliminary protective order can be issued ex parte when the petition is supported by an affidavit or sworn testimony before the judge or intake officer (§ 16.1-253.1(A)).
Under Rule 8:8(a), a pleading that is sworn to is an affidavit for all purposes for which an affidavit is required or permitted, and an exhibit mentioned in a pleading becomes part of it.
The statewide affidavit forms
- DC-620, Affidavit (Uniform Child Custody Jurisdiction and Enforcement Act) (front revised 05/08, reverse 11/96) has a jurat for the person taking the oath, with a title line, and a separate block for a notary public. Its instructions say it is prepared by the petitioner or other party filing a pleading in custody cases and acknowledged by an authorized officer.
- DC-699, Affidavit (revised 03/21) is a general affidavit for the general district or J&DR court. The affiant swears or affirms under penalty of perjury, and it can be sworn before a clerk, magistrate, judge, or intake officer, or before a notary public.
Check what the form itself requires
Unsworn declarations under penalty of perjury
Va. Code § 8.01-4.3 provides that when a matter in a judicial proceeding is required or permitted to be established by a sworn written declaration, verification, certificate, statement, oath, or affidavit, it may, with like force and effect, be established by an unsworn written declaration, certificate, verification, or statement that is subscribed by the maker as true under penalty of perjury and dated, in substantially this form:
The statutory wording
The section does not apply to a deposition, an oath of office, or an oath required to be taken before a specified official other than a notary public.
Business records by declaration
A custodian of business records can lay the foundation for those records by an affidavit or by a declaration under § 8.01-4.3, provided the party offering them gives the other parties written notice and a copy of the record and certification at least 15 days before the hearing, unless the court orders a different time (Rule 2:902(6)). See the evidence guide.
Primary sources
Laws, rules and forms change. Check the current version at the source before you file.
- Va. Code § 16.1-262, form and content of petition
- Va. Code § 20-146.20, information to be submitted to court
- Va. Code § 20-49.2, parentage proceedings
- Va. Code § 16.1-253.1, preliminary protective orders
- Va. Code § 8.01-4.3, unsworn declarations under penalty of perjury
- Rules of Supreme Court of Virginia, Rules 8:8 and 2:902 (full rules PDF)
- Form DC-620, UCCJEA affidavit
- Form DC-620 instructions (District Court Manual forms volume)
- Form DC-699, Affidavit
Common questions
Do my Virginia custody papers have to be notarized?
A J&DR petition must be verified (Va. Code § 16.1-262(C)), and the DC-620 affidavit is sworn before a notary or another officer authorized to take the oath. Va. Code § 8.01-4.3 lets a matter that must be sworn be established instead by an unsworn written declaration signed and dated under penalty of perjury in the form the statute gives, but the statute does not apply to a deposition, an oath of office, or an oath required to be taken before a specified official other than a notary. Ask the clerk or intake officer which method your court accepts for a particular document.
What is the DC-620 affidavit in a Virginia custody case?
Va. Code § 20-146.20 requires each party in a child custody proceeding, in its first pleading or an attached affidavit, to give under oath, if reasonably ascertainable, the child's present address, where and with whom the child has lived during the past five years, and whether the party knows of other custody cases or related proceedings such as protective order cases. Form DC-620, Affidavit (Uniform Child Custody Jurisdiction and Enforcement Act), collects that information and is sworn before a notary or another officer authorized to take the oath. If you allege that disclosing identifying information would put a party or child at risk, that information is sealed (§ 20-146.20(E)), and the J&DR manual says Form DC-621, Non-Disclosure Addendum, is used to capture it.
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