After You FileĪfter filing for custody in Virginia, you must also make sure that the other parent or guardian of the child receives notice of this filing. Since you are filing for custody in Virginia, your petition is subject to the rules and guidelines outlined in the Uniform Child Custody Jurisdiction and Enforcement Act.įor this reason, you must also file an affidavit detailing the child’s present address, the places where that child has lived in the past five years, and with whom that child has lived during the five year period, amongst other things listed on the form.Īll of these documents should be signed in the presence of a notary public or a court official.Īdditionally, if you have hired a lawyer he or she may sign these forms on your behalf. However, if you feel that you cannot afford this fee, you may also file Form DC-606, which may allow you to file without paying the fee, provided the judge approves it.
You will be charged a $25 fee to file this petition. Any other factors that the court may think are relevant to the child’s custody.Any history of family abuse or sexual abuse.The willingness of each parent to maintain a close relationship with the child.The willingness of each parent to actively support the child’s contact with the other parent.The role each parent has played and will play in the upbringing and care of the child.The relationships between the child, parents, siblings, and extended family.The parents’ age, physical condition, and mental condition.The child’s age, physical condition, and mental condition.
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.Ī 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. Essentially, this is where the child has lived for the last six consecutive months. In most all cases, you should file in the county where the child’s “home” is located. Otherwise, you should make a filing for custody in Virginia with the Court Services Unit of the Juvenile and Domestic Relations Court.īefore filing for custody in Virginia with a Juvenile and Domestic Relations Court, you need to determine which Juvenile and Domestic Relations Court to file in. If the parents of the child are already in a divorce, annulment, or another similar court proceeding in Circuit Court, then custody of the child will be determined in the Circuit Court as part of those proceedings. Other violent crimes factor into the custody process, but these aren’t necessarily going to prevent a parent from obtaining custody, unless there is a history of family abuse. However, anyone who has been convicted of having sexual conduct with the child may not seek custody in any circumstance. This means that grandparents, step-parents, blood relatives, and family members can all file, as well as anyone else that the court determines has a significant enough interest in the child’s well-being. However, if the parents are not married the father may have to establish paternity before filing in this way.Īdditionally, a person with a “legitimate interest” in the child may also file for custody in Virginia. There are actually several individuals who can file for custody in Virginia.įor example, either parent may file for sole or joint custody in the event they feel the other parent is restricting their access to the child. However, if you are filing for custody in Virginia there are certain requirements you must meet. If a Virginia court has never issued a custody order for your child, then you and the other parent both have equal possession of the child, regardless of whether you are married or not.
0 kommentar(er)
