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Virginia Emergency Child Custody Order Form With Court
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Based upon the opinion of a licensed physician that an adult person is incapable of making an informed decision as a result of a physical injury or illness and that the medical standard of care indicates that testing, observation, and treatment are necessary to prevent imminent and irreversible harm, a magistrate may ...
Unless the situation involves serious emotional, physical or sexual abuse, then most likely both parents will have equal (or close to equal) rights. In many cases, the more the parents fight, the more likely that they will be awarded shared custody.
Parents must start the paperwork through their local Court Services Unit of the Juvenile and Domestic Relations (J&DR) Court. For parents with a Divorce case, the Circuit Court could also handle custody and support (both spousal and child). See the Divorce page for more information.
Custody, visitation, and support determinations are made in the Juvenile and Domestic Relations District Court. If you do not already have an order from another court, you may file a petition requesting custody or visitation in the Court Service Unit, located on the second floor of the juvenile court building.
The person asking for the emergency custody order must ask the court to call for the child's current guardian. The person who asked for the emergency custody order waits for the court to decide a date for a full hearing to judge the case.