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Child custody appeal process in Virginia In this scenario, you will be required to file your appeal within 10 days of the final ruling in the JDR court. Once you have submitted your request in writing to the JDR court that originally heard your case, the Circuit Court will schedule a hearing of your case de novo.

If there is no custody order in force: Either parent can move away and take the child with them as long as there is no injunction or other order preventing it. A move out of state—even if the party establishes residency there—does not necessarily affect the Virginia court's authority in the matter.

They last until your children turn 18 or become legally emancipated, or until the court modifies them (more below).

The short answer is yes. Most child custody cases are initiated at the Juvenile and Domestic Relations Court (JDR) level. Virginia JDR courts have jurisdiction over both child custody and child support cases. Once your case is heard by the judge, a final order is entered.

An order for pendente lite relief, which is available pursuant to Virginia Code Sections 20-124.2 and 20-103, solves the problem. Such an order will provide a temporary custody and visitation arrangement until a final decision on custody is made by the court at trial or by agreement of the parties.

Until the Circuit Court makes a decision, however, the original custody order will remain in effect. Generally, your new trial will take place within 90 days of the date you filed your appeal.

Some examples of material changes include: relocation of parent; inability by a parent to work together and cooperate with the other parent and effectively co-parent, a parent has remarried or had another child; the child's safety is in jeopardy with the custodial parent; a parent has violated the current order ...

The parent asking for a child custody agreement modification needs to file a motion to do so with the courts. In Virginia this is typically done in the same Juvenile and Domestic Relations District Court that ordered the original custody agreement, although there may be some exceptions, such as if one parent has moved.