Filing for Custody in Virginia Without a Lawyer — Pro Se Guide

Most grandparents and relatives who file for custody of a child in Virginia do it without a lawyer. A family law attorney can cost $3,000 or more in retainer fees alone — money many kinship caregivers on fixed incomes simply do not have.

The good news is that Virginia's JDR Court system is set up to handle self-represented (pro se) petitioners. The challenge is that nobody walks you through the steps in order, and getting one piece wrong can mean wasted trips to the courthouse.

The Court Services Unit Is Your Starting Point

In most Virginia JDR courts, self-represented petitioners begin at the local Court Services Unit (CSU). The intake officer will help you prepare your custody petition and the necessary documents. This is different from simply filing paperwork at the clerk's window — the CSU intake is often an in-person process where the officer reviews your situation and helps ensure your petition is complete.

Some jurisdictions, including Fairfax County, allow self-represented litigants to file directly with the Clerk's Office without going through CSU intake first. Call your local JDR court before going to confirm the procedure.

Bring to intake:

• Government-issued photo ID
• The child's birth certificate
• Your residential address and the child's current address
• The child's address history for the past five years (every address, with approximate dates and who lived there — this feeds Form DC-620)
• Any prior court orders involving the child
• The name and address of each parent (or what you know about their location)

The Forms You Will File

Form DC-511 — Petition for custody or visitation. This is the main filing that starts your case.

Form DC-620 — UCCJEA Affidavit. A sworn statement listing where the child has lived for the past five years and whether any other custody proceedings have been filed anywhere. Every custody case in Virginia requires this form.

Form DC-606 — Financial Statement for Application to Proceed in a Custody/Visitation Case Without Filing Fees or for Assessment of Guardian ad Litem Costs. It is used to assess your ability to pay the filing fee or Guardian ad Litem costs. If you cannot afford court costs, the court may waive the $25 initial filing fee under § 17.1-606.

What Pro Se Petitioners Cannot Get From the Court

Court clerks and intake officers are legally prohibited from giving you legal advice. They can tell you which forms to file, where to file them, and what deadlines apply. They cannot tell you whether to pursue custody or guardianship, evaluate whether your case is strong, or recommend strategy. That is the line between procedural help and legal advice.

Serving the Other Side

After filing, the clerk's office issues a DC-510 summons with copies of the petition and DC-620 to each parent and any other necessary parties. The JDR Manual lists no fee for the DC-510 summons; its $12 service fee in a custody or visitation case applies to summoning a witness. If a parent's location cannot be found after due diligence, you may seek an order of publication under § 8.01-316 by filing an affidavit stating that diligence was unsuccessful and giving the parent's last known post office address, or stating that it is unknown. If granted, the order sets a date to appear no sooner than 50 days after entry and is published once each week for four successive weeks in a newspaper the court prescribes or clerk directs, unless the court orders another method of notice.

Tracking all of this is where many pro se petitioners get tripped up. Missing a service step or filing an incomplete UCCJEA Affidavit can delay your hearing by weeks.

Preparing for the Hearing

At the hearing, you will present evidence to a JDR judge. If a parent objects to a nonparent's custody request, the nonparent must rebut the parental presumption by clear and convincing evidence of parental unfitness, a previous order of divestiture, voluntary relinquishment, abandonment, or special facts and circumstances constituting an extraordinary reason to remove the child from a parent. The court must also find that awarding custody to the nonparent serves the child's best interests.

Prepare your documentary evidence: certified birth certificate, any prior court orders, school records showing the child's enrollment at your address, medical records if relevant, and a photograph of your home environment. If a Guardian ad Litem (GAL) is appointed, they will meet with the child, interview the parties, and provide an independent recommendation to the judge. If the home environment is at issue, the GAL should visit the child's home and any proposed alternative placement.

Free Legal Help

If your income falls below 125% to 200% of the Federal Poverty Level, you may qualify for free legal help through a local provider listed by VALegalAid.org or through the Virginia Legal Aid Society in its service area. Capacity is limited — these organizations must prioritize domestic violence and child protective services cases — but it is worth checking eligibility.

A Structured Alternative

Our Virginia Guardianship and Custody Court Process Guide was built for people doing this without an attorney. It walks through the CSU intake, each form, the service requirements, and what to bring to your hearing — organized in the order things actually happen, with worksheets for tracking addresses, service of process, and your evidence.

See more Virginia guides →