Fairfax Virginia Petition for Custody
Description
How to fill out Virginia Petition For Custody?
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FAQ
In order to file for custody, you must first file a petition for custody with the Court Services Unit in the Juvenile and Domestic Relations Court of your county. A general outline of a petition can be found here, but you must include in the petition facts that will factor into the judge's decision.
Step 1: Determine your court. If you're handling custody separately from your divorce or aren't married to the other parent, file in the J&DR Court where your children live.Step 2: Complete your forms.Step 3: Submit your forms and pay filing fees.Step 4: Serve the other parent and wait for their response.
In determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody.
Courts look to see if the child has the intelligence and understanding to voice a reasonable preference on a case-by-case basis. Children aged 14 and older, are generally old enough and mature enough to express a preference, and in that case, the judge must factor their opinions into custody decisions.
No, there is no presumption or preference in favor of mothers under Virginia law in custody cases. Virginia Code § 20-124.2 explicitly states that, in custody and visitation cases, ?as between the parents, there shall be no presumption or inference of law in favor of either.?
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.
Verify that you meet the residency laws for Virginia custody cases. The child must have lived in the state for at least six months before you can file a petition for custody. You should file in the county (and state) where the child last lived for at least six consecutive months.
Custody of the parties' children will be decided by the court based on what is in the best interests of the children. If the parties agree to a custody arrangement, the court must still make its own determination as to whether the arrangement is appropriate and in the best interests of the children.
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.
The needs of the child; How each parent has cared for the child up until the point of separation; Each parent's willingness to promote a loving relationship between the child and the other parent; and. Any other factors that the court deems reasonable.
