8.8 Pleading

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

8.8 PLEADING

8.801 Juvenile and Domestic Relations District Court. Proceedings in the juvenile and domestic relations district court are commenced by filing a petition. A single form of petition is used by the court for a variety of different matters. The petition should indicate that the child is one whose custody or visitation is a subject of controversy or requires determination. ⁸⁰ The intake staff of the juvenile and domestic relations district court can help the petitioning party complete the petition. ⁸¹

Only one filing fee is required for all custody and visitation petitions simultaneously initiated by a single petitioner. ⁸² No fee is assessed for filing subsequent modification or enforcement actions. No fees are charged by the sheriff for service of process in child custody and visitation cases, except for serving witness subpoenas. ⁸³ The filing and service of process fees may be waived due to poverty. ⁸⁴

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So that the court can determine whether the custody or visitation matter should be heard by a Virginia court and, if so, whether the case should be heard in the particular venue in which it was filed, the petitioner must provide information under oath concerning the child's present residence and residential history in accordance with section 20-146.20 of the Virginia Code. The information must be provided in the party's first pleading or in an affidavit attached to that pleading. ⁸⁵

8.802 Circuit Court. A child custody or visitation claim brought before the circuit court is most likely to be brought as...