Appeals FAQ

Appealing a Virginia Child Custody Case

If your child custody case was in a Virginia Juvenile and Domestic Relations Court, you can appeal it to the Circuit Court. This kind of appeal is called “de novo” and it means that the case is tried all over again in the Circuit Court. The Circuit Court judge is expected to look at the evidence and make their own decision regardless of what the Juvenile Court judge did. You have to give written notice to the Juvenile Court that you want to appeal and you have to do it within 10 days of the decision. If you wait longer than that, you will lose your right to appeal.If your child custody case was in a Virginia Circuit Court, you have the right to appeal, but it will be a different kind of appeal. You will be in the Court of Appeals and a three – judge panel will review the transcript of your trial and decide if the judge made any errors of law.