8.9 Service of Process

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

8.9 SERVICE OF PROCESS

8.901 In Virginia. In the circuit court, most child custody and visitation disputes are raised in the context of divorce proceedings. The complaint is the pleading that initiates a divorce suit, and the summons is the process issued by the clerk of the circuit court to notify the defendant of the suit. A detailed description of how a divorce suit is commenced and how service of process may be made on the defendant is contained in Chapter 2 of this book.

In the juvenile and domestic relations district court, the pleading that commences a child custody or visitation suit is the petition. The "process" issued by the court is the summons. A summons should issue directed to the parents, guardian, legal custodian, or other person standing in loco parentis and to such other persons as appear to the court to be proper or necessary parties to the proceeding. ⁹⁰ The summons identifies the suit, commands the presence of the person summoned, and provides notice concerning the hearing date and time and the right to be represented by counsel. ⁹¹

Service of process in the juvenile court is governed by section 16.1-264 of the Virginia Code. The respondent should be served with the petition and summons in person or by using a means of "substituted service" set out in section 8.01-296(2). If the respondent cannot be served in person, the petition and summons may be delivered to a family member, age 16 years or older, at the respondent's home. If service cannot be made by either of these methods, a copy of the petition and summons may be posted at...