Court procedure and forms

Emergency Custody in Virginia: Which Order Do You Need?

Sources checked October 31, 2026 against the Code of Virginia. Information only, not legal advice.

When a child may not be safe, the first thing parents discover is that Virginia's custody chapter has no order called emergency custody. Courts can still act quickly, through several different orders, and the right one depends on what is happening.

At a glance

Danger now

Call 911. A judge or magistrate can issue an emergency protective order (§ 16.1-253.4). It lists no custody term and expires quickly, generally at 11:59 p.m. on the third day.

No such label in the custody chapter

Chapter 6.1 of Title 20, Virginia's custody chapter, does not use the word "emergency".

Usual family route

An order pending the suit under § 20-103, or protective order relief where there is family abuse.

Another state involved

§ 20-146.15 gives Virginia temporary emergency jurisdiction in set situations.

Six things called emergency custody

The Code of Virginia uses "emergency custody" for mental health orders. Parents usually mean something else. Here are the routes side by side.

Virginia orders that get called emergency custody
Order	Who it is for	What it does	Statute
Order pending the suit	A parent, or a person with a legitimate interest, in a custody case or divorce	Sets custody or visitation while the case runs. It has no presumptive effect on the final decision	§ 20-103(A), (C), (D)
Protective order	A petitioner facing family abuse, and family or household members	Protects people. A final order can include temporary custody or visitation	§§ 16.1-253.1, 16.1-279.1(A)(10)
Temporary emergency jurisdiction	A child in Virginia, when another state may otherwise have jurisdiction	Lets a Virginia court act to protect the child	§ 20-146.15
Emergency removal order	A child alleged to be abused or neglected	Takes the child into immediate custody and shelter care on an imminent threat to life or health. A hearing follows within five business days. This is a child protection case	§ 16.1-251
Preliminary protective order for a child	A child, on the motion of any person or the court	Sets conditions of behavior to protect the child. It cannot itself remove a child from a parent's custody, except as § 16.1-278.2 provides	§ 16.1-253
Mental health ECO	A person who may need a mental health evaluation	A magistrate orders them taken into custody for evaluation. It does not decide a child's care	§§ 37.2-808, 16.1-340

Orders pending the suit

Va. Code § 20-103 lets a court, at any time during a suit, make orders that include the custody and maintenance of minor children. Subsection C extends this to cases other than divorce, and to either parent or a person with a legitimate interest who is a party. Subsection D applies the Chapter 6.1 standards, so the child's best interests remain the test. Section 20-124.2(A) points to the same power and tells the court to provide prompt adjudication of custody and visitation. Under § 20-103(J), such an order has no presumptive effect and is not determinative when the case itself is decided.

In a J&DR case, the petition form is Form DC-511. The J&DR vs circuit court guide explains which court has the case. Ask the clerk how to request an early hearing. Money pending a case is covered in the pendente lite guide.

Where there is family abuse

A preliminary protective order can be issued ex parte, meaning without the other side present, on good cause shown, generally with an affidavit or sworn testimony (§ 16.1-253.1). The full hearing must be held within 15 days unless continued or the court is closed. The list of conditions in that section does not name custody, though subdivision A 9 allows "any other relief necessary" for protection. The final order's list does name it: § 16.1-279.1(A)(10) allows "any other relief necessary" for protection, "including a provision for temporary custody or visitation of a minor child." Whether a court will address custody at the preliminary stage is a question for the clerk or a lawyer, as is pairing a custody petition with the protective order case. The guide to protective order types compares the emergency, preliminary and final orders.

When another state is involved

Under § 20-146.15(A), a Virginia court has temporary emergency jurisdiction if the child is present in Virginia and has been abandoned, or if it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to mistreatment or abuse, is placed in reasonable apprehension of it, or there is reasonable apprehension of a threat of it. A service member's situation may differ: see temporary custody for deployed parents.

If you are looking for a mental health ECO

Section 37.2-808 is the general section and § 16.1-340 applies to minors. This site does not cover those orders. Contact your local community services board, or call 911 in an emergency.

Before you go to court

Write down what happened, with dates, and who saw it.
Bring any existing court order.
Note where the child has lived for the past five years. § 20-146.20(A) requires this under oath in the first pleading or an attached affidavit, and Form DC-620 is the usual way to give it.
If giving an address would put you or the child at risk, say so under oath. Under § 20-146.20(E) the information is then sealed unless the court orders otherwise after a hearing. See the DC-621 nondisclosure guide.
Contact legal aid early if you cannot pay a lawyer.

The Virginia custody overview covers how courts decide custody once the urgent stage is over.

Common questions

Answers are general information only, not legal advice for a specific situation.

What qualifies for emergency custody in Virginia?

The custody chapter sets no single test because it has no order by that name. The routes have their own standards. A preliminary protective order under § 16.1-253.1 needs family abuse. Temporary emergency jurisdiction under § 20-146.15 needs a child present in Virginia who has been abandoned, or an emergency involving mistreatment or abuse, or reasonable apprehension of it. An order pending the suit under § 20-103 uses the best interests standard in Chapter 6.1. An emergency removal order under § 16.1-251 needs an imminent threat to the child's life or health and no less drastic alternative.

How long does it take to get an emergency custody order in Virginia?

No statute gives one timeline. A preliminary protective order can be issued ex parte, and the full hearing must be held within 15 days unless continued (§ 16.1-253.1). In custody cases § 20-124.2(A) tells the court to provide prompt adjudication. Ask the J&DR clerk about earliest hearing dates.

Who has custody if there is no court order in Virginia?

§ 20-124.2(B) says that as between the parents there is no presumption or inference of law in favor of either. That is a rule for the court to apply. It does not settle who keeps a child day to day, which is why people ask for an order.

Is an emergency custody order the same as a mental health ECO?

No. The Code uses this phrase in § 37.2-808 and § 16.1-340, where a magistrate orders someone taken into custody for a mental health evaluation. They have nothing to do with which parent a child lives with.

Which court handles an urgent custody request?

Often the J&DR court, which shares jurisdiction over custody with the circuit court. A pending divorce alone does not remove it: under § 16.1-244(A), the J&DR court is divested when the divorce raises custody in the pleadings and a hearing is set for a date certain or placed on a motions docket within 21 days of filing. See the J&DR vs circuit court guide, and ask the clerk which form to use.

Legal sources

Checked on October 31, 2026. Read the current text before relying on it.