Virginia Custody Filing Fee Waiver: How to File Without Paying

What the Filing Fee Is

Filing a custody petition in Virginia's JDR District Court costs $25 under Va. Code § 16.1-69.48:5. One fee covers all custody and visitation petitions you file at the same time — so if you are filing for custody of three siblings, you pay $25 total, not $75.

On top of the petition fee, the sheriff charges $12 per person to serve the papers on each parent.

For grandparents and relatives on fixed incomes, even these modest amounts can be a barrier. Virginia law provides a way around it.

Form DC-409: The Fee Waiver Petition

Form DC-409 (Petition for Proceeding in Civil Case Without Payment of Fees or Costs) is used to request in forma pauperis status — permission to proceed without paying court fees or costs. If approved, the $25 filing fee and needful process are provided without payment.

Form DC-409 asks for:

• Income — net pay and other income sources
• Liquid assets — cash, bank accounts, and other liquid assets
• Exceptional expenses — unusual and continuing medical expenses, court-ordered support or alimony, child-care payments, and other expenses

The court also considers whether you receive qualifying public assistance. List all income sources, including public assistance, even though those benefits may be exempt from execution under other laws.

Who Qualifies

Virginia law presumes that you are unable to pay if you receive a state or federally funded public-assistance program for indigent people or are represented by a legal aid society. If a fuller review is needed, the court considers net income, liquid assets, and exceptional expenses. When available funds are no more than 125 percent of the federal poverty income guideline for your household size, the statute presumes you are unable to pay.

What the Waiver Covers and Does Not Cover

Covered:

• The $25 JDR custody filing fee
• Sheriff's service fees

Not automatically covered:

• Newspaper publication costs (if you need to serve a parent by publication because they cannot be found)
• Costs associated with obtaining copies of records or certified orders
• GAL costs, which are assessed separately. A person found indigent generally is not required to reimburse the Commonwealth for GAL costs unless the court finds good cause.

If your case requires service by publication, the newspaper charges its own rate, which varies. Ask the clerk about local publication costs so you can plan for this expense.

How to Submit

File Form DC-409 at the same time you file your petition (DC-511) and UCCJEA affidavit (DC-620). Tell the intake officer or clerk that you are requesting a fee waiver when you present your paperwork.

If approved, the filing fee and needful process are provided without payment. If the court denies the request, pay the $25 fee within 90 days. The case cannot be set for hearing until the applicable filing fee is paid.

Tips for the Form

• Be complete. An incomplete DC-409 delays your filing. Fill out every section, even if the answer is zero.
• List all public benefits by name. If you receive Social Security, SSI, TANF, or SNAP, write the program name and the monthly amount. The judge needs to see what you are working with.
• Report your household size accurately. Form DC-409 asks how many people in the household you have financial responsibility for; the court uses household size when applying the federal poverty guideline.
• Attach documentation if possible. A benefit award letter or recent bank statement is not required but helps the clerk process your request faster.

Beyond the Fee Waiver

The $25 fee is one of the smallest costs in a custody case. The bigger expenses — time off work for court appearances, travel to the courthouse, and potentially GAL fees — add up. Planning for these early helps avoid surprises.

The Virginia Guardianship and Custody Court Process Guide includes a fee-waiver worksheet and a complete budget planner for the custody process, so you know what to expect at every stage.

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