In Virginia, either parent or legal guardian can petition for temporary custody. To initiate a petition for a temporary custody, a parent (or guardian) must file a request with the local Juvenile and Domestic Relations District Court or, if a suit for divorce has already commenced, with the Circuit Court. Virginia Code § 20-103 allows for temporary custody to be included as part of a broader divorce or custody matter (often termed as pendente lite motions).
After filing, the respondent (typically the other parent or guardian) will receive formal notice from the court requiring attendance at a hearing to discuss the custody issue. Virginia law mandates minimum notice periods, usually served well in advance, ensuring procedural fairness (Virginia Code §§ 8.01-296, 20-99, and related statutes). Once the hearing is scheduled, both parties have the opportunity to present their positions before a Juvenile and Domestic Relations Court judge or, if the action is consolidated with divorce proceedings in Circuit Court, in front of a Circuit Court judge.
During the temporary custody hearing, both sides are entitled to present evidence to the court. Each party may call character and expert witnesses and submit exhibits that support their custody position. Importantly, given that pendente lite proceedings set a temporary status quo, Virginia courts will often limit testimony to critical factors necessary for ensuring immediate child stability and safety, rather than attempting a permanent and exhaustive determination at that stage.
What Courts Consider When Granting Temporary Custody Virginia
In determining temporary custody, Virginia judges base decisions on the child’s best interests standards in Virginia Code § 20-124.3. These factors include:
- Existing relationship history between parent and child
- Parental capacity for providing emotional and physical care
- Demonstrated capacity to foster a relationship between the child and the other parent
- Commitments related to the child’s schooling and extracurricular activities
- Child’s age
- Continuity in the child’s life
Because temporary custody decisions shape immediate family dynamics during an ongoing case, judges tend to favor arrangements minimizing disruptions to children’s routines and emotional stability. Courts look unfavorably on behavior that restricts contact between children and parents, unless substantial evidence suggests a harmful or risky environment in one parent’s household or care.
Enforcing a Temporary Custody Order
Once a temporary custody determination is issued through a Virginia court, parents are bound to comply with its directives fully. Non-compliance with the temporary custody Virginia order may result in significant legal consequences. Offenses such as interference with child custody or visitation schedules may subject violating parents to contempt of court orders or most seriously, Virginia criminal statutes including parental kidnapping under Virginia Code § 18.2-49.1.
Do You Need a Custody Lawyer?
If you are going through a divorce and concerned about custody of your children, please feel free to contact our office in Salem, Virginia, to speak with our lawyers. We will discuss the specifics of your case and develop a plan to best protect you, your family, and your children. Contact us today to schedule an appointment.