How to File for Custody in Virginia

Which Court Handles Your Custody Case

Virginia has two courts that hear custody disputes, and the one you file in depends on your marital status and whether a divorce is already underway.

Juvenile and Domestic Relations (J&DR) District Court handles custody, visitation, and support petitions when there is no active divorce case in Circuit Court. This is where unmarried parents file, and where married parents can file if they haven't yet started divorce proceedings. The J&DR Court cannot grant a divorce or divide property — its jurisdiction is limited to matters involving children.

Circuit Court handles custody when it's part of a divorce action. Once a spouse files a Complaint for Divorce in Circuit Court and raises custody as an issue, the Circuit Court takes over. If you already had a pending J&DR petition, the Circuit Court can absorb it through a process called "divestiture" under Virginia Code § 16.1-244(A) — the filing spouse must schedule a hearing within 21 days of filing the divorce complaint, and the J&DR case is then dismissed.

Under HB 303 (effective July 1, 2026), either spouse can now file for a "divorce from bed and board" on Day 1 of separation without alleging fault, which gives immediate access to Circuit Court for temporary custody and support orders.

Forms You Need to File

The specific forms depend on which court you're filing in, but these are the core documents:

In J&DR District Court:

• Form DC-574 — Information Considered in Custody Proceedings (captures the child's living situation, school, and health details)
• Form DC-620 — UCCJEA Affidavit (required in every custody case to confirm Virginia has jurisdiction and no other state has a competing order)
• A petition for custody and/or visitation (the clerk's office provides the local petition form)

In Circuit Court (as part of a divorce):

• Form CC-1416 — Civil Cover Sheet
• Form CC-1426 — PII Addendum (keeps sensitive identifiers out of the public record)
• Complaint for Divorce that includes custody, visitation, and support counts
• Form DC-620 (the UCCJEA Affidavit is required in both courts)

Filing fees range from $86 to $150 depending on the county. If you can't afford the fee, Form CC-1414 is a fee waiver application based on federal poverty guidelines.

Step-by-Step Filing Process

1. Gather your documentation. Before filing, pull together the child's school records, medical records, a log of who handles daily caregiving tasks, and any existing informal custody arrangements. Virginia judges evaluate custody based on 10 statutory "best interests" factors under § 20-124.3, and your evidence should speak to those factors from the start.

2. Complete and file your forms. Bring the completed forms to the court clerk's office. Some Virginia counties accept electronic filing through the Virginia Judiciary e-Filing System (VJEFS), while others require in-person filing — check your local clerk's website.

3. Serve the other parent. The other parent must receive formal notice of the petition. You can use the local sheriff ($12 for in-state service) or a private process server ($50–$100). If the other parent is willing to cooperate, they can sign a Waiver of Service (Form CC-1406) instead.

4. Complete mandatory prerequisites. Virginia requires both parents in contested custody cases to complete a four-hour Parent Education Seminar within 45 days after the first court appearance. The fee is capped at $50, and the seminar must be run by a provider approved by the Supreme Court of Virginia.

5. Attend the initial hearing. The court will schedule a hearing where both parents present their positions. In many J&DR courts, the Court Services Unit will conduct an intake and may refer you to a free dispute resolution orientation before the hearing date.

Filing Without a Lawyer

You can file for custody pro se (without an attorney) in Virginia. The Virginia Judicial Self-Help portal at selfhelp.vacourts.gov provides form instructions and guidance. The court clerk can help you file paperwork correctly, but they cannot give legal advice or tell you what to put in your parenting plan.

Where self-representation becomes risky is in contested cases with complex issues — a history of domestic violence, a relocation dispute, or significant disagreement over parenting time. If your case involves any of these, consulting with a family law attorney (even for a single strategy session) is worth the cost.

What Happens After You File

Once your petition is filed and served, the case follows a structured path: temporary orders (if requested), mandatory parenting class, possible mediation referral, discovery, and either a negotiated agreement or a trial. In J&DR Court, either parent can appeal the final decision to Circuit Court within 10 days for a brand-new trial (de novo hearing).

The timeline varies by county, but most contested custody cases in Virginia take 6 to 12 months from filing to final order. Uncontested cases where both parents agree on a parenting plan can be resolved much faster.

If you're preparing to file, the Virginia Child Custody & Parenting Plan Guide walks through every stage of this process — from choosing the right court and completing the forms to building a parenting plan that meets Virginia's statutory requirements.

See more Virginia guides →