How to File for Full Custody in Virginia

There is a specific procedure to obtain sole or full custody in Virginia.

The commonwealth of Virginia permits a court to order different types of custody in family law cases. These include joint custody and sole or full custody. Pursuant to Virginia law, the preferred custodial arrangement is joint custody, where both parents share in making decisions for a child and the minor spends at least some time in the homes of both parents. However, in some cases, a court awards sole or full custody. If that is the custodial arrangement you desire, you must understand the basic procedure to obtain full custody of a minor child.

Things You'll Need

• Motion for full custody (also known as a motion for sole custody)

Instructions

1. Obtain from the clerk of the court a form motion for sole custody. Court clerks in Virginia maintain a selection of commonly used forms for use by people who do not have attorney representation.

2. Complete the form motion. The specific information you must provide is that the best interests of the child are served by awarding sole custody of the minor to you. The best interests of the child are determined by considering factors including which parent historically provided primary care for the child, the physical and mental health of the parents and child, as well as which parent maintains a residence most suitable for the child.

3. Sign the motion for sole custody.

4. File the motion with the clerk of the court.

5. Obtain from the clerk of the court (or the administrative assistant to the judge assigned the case) a hearing date and time for your motion. Virginia law requires the court to conduct a hearing on your motion unless the other parent agrees to permit you sole custody.

6. Send a copy of the motion and a written notice of the hearing to the other parent. The clerk also has a form for hearing notification. These documents do not need to be sent by certified mail, according to Virginia law.

Tips & Warnings

• Virginia law and procedures are complex. Consider engaging the services of an attorney to represent you. The Virginia Bar Association maintains a directory of attorneys in different practice areas, including family law (see Resources). Contact the Bar Association at:

• Virginia Bar Association

• 701 E. Franklin St., Suite 1120

• Richmond, VA 23219

• 804-644-0041

• A Virginia court might order a child custody investigation before making a decision on sole or full custody. Typically the investigation is undertaken by the Virginia Department of Social Services at the request of the court.

References

• Divorce Law Info: Custody and Visitation in Virginia
• "Child Custody and Visitation in Virginia"; William B Reichhardt; 2002
• Virginia Department of Social Services: Child Custody Investigation

Resources

• Virginia Bar Association