{"id":376917,"date":"2018-11-05T10:59:08","date_gmt":"2018-11-05T15:59:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-child-custody-procedure.html"},"modified":"2018-11-05T15:48:28","modified_gmt":"2018-11-05T20:48:28","slug":"virginia-child-custody-procedure","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-child-custody-procedure.html","title":{"rendered":"Virginia Child Custody Procedure"},"content":{"rendered":"\n
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Virginia Child Custody Procedure<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The end of a relationship brings a lot of uncertainty. Depending on your situation, you can go your separate ways without looking back. However, if you share any children, issues of custody<\/a> and visitation must be addressed. The specific procedure for getting custody of a child varies from state to state.<\/p>\r\n

Jurisdiction of Custody Issues in Virginia<\/h2>\r\n

Virginia has concurrent jurisdiction for custody matters in the state. This means that two different courts — the Circuit Court and the Juvenile and Domestic Relations District Court — both have the authority to adjudicate custody matters. The Circuit Court decides custody as part of divorce cases and the Domestic Relations District Court rules in all other custody cases.<\/p>\r\n

Summary of Virginia Child Custody Procedure<\/h2>\r\n

Although it’s recommended to speak with an attorney in complex cases, reading a plain English summary of statutes can serve as a helpful introduction to a state’s laws. The chart below provides such a summary for the procedure to file for custody in Virginia.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Virginia Code Title 20:<\/p>\r\n

Filing for Custody<\/b><\/p>\r\n

 <\/p>\r\n

 <\/p>\r\n<\/td>\r\n

The Petition<\/i><\/b><\/p>\r\n

After the proper venue is established (your child must have lived in the Virginia county for at least 6 months prior to the filing), the child custody procedure begins with the filing of the petition<\/a>. A Uniform Child Custody Jurisdiction and Enforcement Act Affidavit for each child is also filed.<\/p>\r\n

Mandatory Mediation<\/i><\/b><\/p>\r\n

Unlike some states, Virginia doesn’t require a parenting plan. However, the parties must attend mandatory mediation to try to resolve the issues in the case.<\/p>\r\n

If the parties reach a resolution in mediation, the agreement is incorporated into a court order at the initial return date. If not, the case proceeds to the initial hearing.<\/p>\r\n<\/td>\r\n<\/tr>

Initial Hearing<\/b><\/p>\r\n<\/td>\r\n

The court will typically take these actions at the initial hearing:<\/p>\r\n

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  • Order the parties to attend a parenting education class;<\/li>\r\n
  • Enter a temporary custody and visitation order; and<\/li>\r\n
  • Set a date for trial several months later.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Custody Trial<\/b><\/p>\r\n<\/td>\r\n

At the custody trial, the judge will review all relevant information in the case and allow each party to call witnesses and present evidence.<\/p>\r\n

The custody determination will be based on the "best interests" of the child<\/a> factors, including:<\/p>\r\n