Virginia Child Custody Procedure
Created by FindLaw's team of legal writers and editors | Last reviewed November 05, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
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 and visitation must be addressed. The specific procedure for getting custody of a child varies from state to state.
Jurisdiction of Custody Issues in Virginia
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.
Summary of Virginia Child Custody Procedure
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.
Statutes |
Virginia Code Title 20: |
Filing for Custody
|
The Petition 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 Uniform Child Custody Jurisdiction and Enforcement Act Affidavit for each child is also filed. Mandatory Mediation 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. 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. |
Initial Hearing |
The court will typically take these actions at the initial hearing:
|
Custody Trial |
At the custody trial, the judge will review all relevant information in the case and allow each party to call witnesses and present evidence. The custody determination will be based on the "best interests" of the child factors, including:
The judge makes the custody determination and the case concludes. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Virginia Child Custody Procedure: Related Resources
Discuss Virginia's Child Custody Procedure with an Attorney
Being involved in a custody case can be very confusing and difficult, especially with so much on the line. Discuss your case with a skilled family law attorney who can help you navigate the child custody procedure in Virginia and ensure that your child custody rights are protected.
Can I Solve This on My Own or Do I Need an Attorney?
- Family law matters are often complex and require a lawyer
- Lawyers can protect your rights and seek the best outcome
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.
Stay up-to-date with how the law affects your life

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.