How to File a Custody Petition in Virginia Step by Step

Before You Go to the Courthouse

The biggest reason self-represented petitioners get turned away at intake is incomplete paperwork. Before you make the trip, gather everything you need at home.

Documents to collect:

• Government-issued photo ID (driver's license, state ID, or passport)
• Certified copy of the child's birth certificate
• The child's address history for the past five years — every address, the dates, and who the child lived with at each one
• Your household income and expense information (for the financial statement)
• Any existing court orders involving the child from any state
• If a parent is incarcerated: the facility name and address

Forms to complete:

• DC-511 — the custody or visitation petition (one per child)
• DC-620 — the UCCJEA affidavit (the five-year address history)
• DC-409 — the petition for proceeding without payment of fees or costs, if you are requesting a fee waiver
• DC-606 — the financial statement, if the court needs information for Guardian ad Litem cost assessment

Download these from vacourts.gov or pick up printed copies at the JDR clerk's office. Bring multiple copies of each — the court keeps the originals, and you need additional sets for service on each parent.

Step 1: Identify the Right Court

File in the JDR District Court for the city or county that is the child's home when the petition is filed, subject to statutory venue alternatives. If the child has lived in multiple states, the UCCJEA determines whether Virginia has jurisdiction. A common basis is that Virginia is the child's home state, where the child has lived with a parent or person acting as a parent for at least six consecutive months immediately before filing.

Find your local JDR court through the Virginia Judicial System directory at vacourts.gov.

Step 2: Complete Your Intake

In most Virginia JDR courts, self-represented petitioners go through the Court Services Unit (CSU) for intake. The intake officer reviews your petition, confirms the forms are complete, and processes the filing. In Fairfax County, you can also file directly with the Clerk's Office.

The intake officer can help you prepare the custody petition and necessary documents, but cannot give you legal advice about whether to file or what strategy to pursue. Come with your forms filled out as completely as you can.

Step 3: Pay the Filing Fee (or Request a Waiver)

The filing fee is $25 under Va. Code § 16.1-69.48:5. One fee covers all custody and visitation petitions you file at the same time.

If you are on a fixed income or receive public assistance, submit Form DC-409 with a request for in forma pauperis status. If approved, the filing fee and needful process are provided without payment. Publication costs are handled separately and are initially paid by the party seeking publication.

Step 4: Service of Process

After filing, the court issues a summons. Both parents must receive formal notice of the petition. The sheriff, a private process server, or another adult who is at least 18 and not a party or otherwise interested in the case may serve the papers. The $12 service fee applies when the sheriff serves each person.

If a parent cannot be located, you file an affidavit stating that you used diligence to find them. The court can then authorize service by publication: a notice published once a week for four consecutive weeks in a court-designated newspaper, posted at the courthouse door, and mailed to the parent's last known address. The court sets an appearance date at least 50 days after entry of the publication order.

If a parent is incarcerated, service is made at the correctional facility.

Step 5: Wait for the Hearing Date

Once service is complete, the court schedules a hearing — typically 30 to 60 days after filing, though emergency situations may be expedited.

During this period, the court may appoint a Guardian ad Litem (GAL) to independently investigate and represent the child's interests. The judge may also order a home study through the local Department of Social Services or Court Services Unit.

Step 6: Prepare for the Hearing

The hearing is your opportunity to present evidence to the judge. Bring:

• Originals and copies of all documents you filed
• Evidence of your caregiving role (medical records, school records, photos, receipts)
• Evidence of the parent's inability to care for the child (police reports, treatment records, CPS documentation)
• Names and contact information for any witnesses
• A brief written summary of the child's history and your involvement

The judge weighs the ten best-interest factors in Va. Code § 20-124.3 when making a custody determination. These include the child's age and needs, the relationship between the child and each party, and each party's role in the child's upbringing.

Step 7: After the Order

If the court grants custody, request certified copies of the order from the clerk. You will need these to:

• Enroll the child in school
• Authorize medical treatment
• Apply for benefits (TANF, Medicaid, SNAP)
• Open a bank account for the child

A certified copy is the document that proves your authority to schools, doctors, and agencies. Keep multiple copies.

The Virginia Guardianship and Custody Court Process Guide includes filing checklists, a UCCJEA address worksheet, and a service-of-process tracking log — everything you need to walk into court prepared.

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