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Generally, you'll have to submit paperwork to your local JDR court, then appear at a trial. If a Virginia court has never issued a custody order for your child, then you and the other parent both have equal possession of the child, regardless of whether you are married or not.

Unless the situation involves serious emotional, physical or sexual abuse, then most likely both parents will have equal (or close to equal) rights. In many cases, the more the parents fight, the more likely that they will be awarded shared custody.

Custody, visitation, and support determinations are made in the Juvenile and Domestic Relations District Court. If you do not already have an order from another court, you may file a petition requesting custody or visitation in the Court Service Unit, located on the second floor of the juvenile court building.

You can download some forms online, including the: Information Considered in Child Custody/Visitation Proceedings. Uniform Child Custody Jurisdiction and Enforcement Act Affidavit. Notice of Information Required in Child/Spousal Support Proceedings. Acknowledgement of Paternity (unmarried parents only)

Most Virginia courts accepts text messages as evidence due to a recent Court of Appeals decision. However, they'll only accept "original" versions. Text messages are a common form of evidence in divorce cases, custody disputes, and other family court proceedings.

Yes, text messages are admissible as evidence. There may be several different grounds to lawfully admit text messages into evidence like a text directly from the other party in the case or a statement made during an exciting or stressful event. A text message is an out-of-court statement.