FAQs

Frequently Asked Questions About Filing for Custody in Virginia

1. Can I file for custody if my child just moved to Virginia?

Usually, no. Virginia must be your child’s “home state” before you can file, which means your child must have lived here for at least six consecutive months. However, if there’s an emergency involving abuse, neglect, or abandonment, Virginia courts may issue a temporary custody order.

2. What if the other parent lives in another state?

If your child has lived in Virginia for six months or more, Virginia courts will typically have jurisdiction—even if the other parent lives elsewhere. If another state already has a custody order, that court usually keeps authority unless it agrees to transfer jurisdiction.

3. Do I file for custody in Circuit Court or Juvenile and Domestic Relations Court?

Most custody cases are filed in Juvenile and Domestic Relations Court in the county or city where the child lives. If custody is part of an ongoing divorce, the case may be heard in Circuit Court.

4. Can military parents file for custody in Virginia?

Yes. Special rules apply to military families, but Virginia can have jurisdiction if it is the child’s home state or if Virginia has significant connections to the child and family.

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