Understanding the Court System

In Virginia, custody matters are typically handled in two primary courts:

1. Juvenile and Domestic Relations District Court (J&DR Court):1
    

   • Handles cases involving unmarried parents, separated parents, or divorced parents who haven't addressed custody in their divorce decree.2

   • Deals with initial custody determinations, modifications, and enforcement.3

2. Circuit Court:
    

   • Handles custody matters within divorce proceedings.4

   • Can also handle custody cases that have been transferred from the J&DR Court or that involve complex legal issues.

Determining the Appropriate Court

To determine the correct court, consider the following:

• Marital Status:
   

  • If you are married or separated but not divorced, you would typically file in the J&DR Court.5

  • If you are divorced and the divorce decree did not address custody, or if you need to modify an existing custody order, you would file in the Circuit Court.

• Nature of the Case:
   

  • If you are seeking an initial custody order, you would generally file in the J&DR Court.6

  • If you need to modify an existing order or address complex legal issues, you may need to file in the Circuit Court.

The Filing Process

Once you've determined the appropriate court, you'll need to:

1. Obtain the Necessary Forms:
    

   • Contact the clerk's office of the court where you plan to file to obtain the required forms.7

   • You may also be able to find these forms online on the Virginia Courts website.

2. Complete the Forms:
    

   • Carefully fill out the forms, providing accurate information about yourself, the other parent, and your child(ren).8

   • Be prepared to provide documentation to support your claims, such as income statements, medical records, and police reports.9

3. File the Petition:
    

   • Submit the completed forms and any supporting documentation to the clerk's office of the court.10

   • Pay the required filing fees.11

4. Serve the Other Parent:
    

   • You must legally serve the other parent with a copy of the petition and other court documents.12 This can be done by a process server or by certified mail.13

The Role of a Family Law Attorney

While it's possible to file for sole custody without an attorney, it's highly recommended to consult with a family law attorney. An attorney can:

• Help you determine the best course of action.

• Assist you in gathering evidence and preparing your case.

• Represent you in court and advocate for your interests.

• Negotiate with the other parent or their attorney to reach a settlement.14

Remember:

• Child's Best Interests: The court's primary concern is the best interests of the child.15

• Evidence Matters: Gathering strong evidence to support your claims is crucial.

• Patience and Persistence: The legal process can be lengthy and emotionally draining.

• Consult an Attorney: Seek legal advice to understand your rights and options.

By understanding the Virginia court system and following the proper procedures, you can increase your chances of securing sole custody of your child.