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Custody:
Controversies (disputes) over the custody or visitation of a child are usually heard in the Juvenile and Domestic Relations District Court. In cases involving issues of custody or visitation between parents regarding their child, the court will make an order necessary to protect the interests of the child and family.
Where a parent or guardian seeks to be relieved of the custody of any child or where a public or private agency seeks to be given custody of the child, the court shall grant such relief only if suitable placement for the child is available, if the child is in need of such placement and if placement of the child outside his/her present home will not detrimentally affect the child. The court will separate a child from his/her parents or guardians only when the child's welfare is endangered or separation is in the interests of public safety.
Support:
Under Virginia law, parents or spouses who fail in their obligations (duty) to support and maintain their dependents may be required by the court or the Dividion of Child Support Enforcement to provide such support. To begin a support case, the person seeking support should contact either the Division of Child Support Enforcement (by calling this toll-free number 1-800-468-8894) or the local court service unit intake officer. An explanation of the options available in seeking support either through the Division of Child Support Enforcement (which may file a petition in court or use other methods) or by personally filing a petition with the intake officer will be explained.
In Juvenile and Domestic Relations District Courts, either a civil support case or a criminal desertion/non-support case may be filed. In a civil case, any spouse or parent found by the court ot owe a duty to provide support and maintenance may be ordered to make periodic payments in a manner prescribed by the court and may be required to post a performance bond. In criminal cases, any spouse or parent found by the court to have failed in his/her duty to provide support and maintenance is guilty of a misdemeanor, and is subject to a fine of up to $500 and up to 12 months in jail. In place of or in addition to paying a fine and/or being sent to jail, a judge may order the spouse or parent to make certain periodic payments in a manner prescribed by the court. The judge may then release the negligent spouse or parent on the condition he/she comply with all condition of the court's order.
Any person receiving such an order who continues to fail to provide support in the manner ordered by the court, may be jailed or be required to post a performance bond. The court may require that support payments be deducted by the employer from the earnings of the spouse or parent who fails to pay support. Persons summoned to court who fail to appear will also be charged with contempt of court and are subject to immediate arrest; the support hearing will continue in their absence.
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