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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77366</law_id><section_number>16.1-69.48:5</section_number><catch_line>Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-296</reference><reference>16.1-296.2</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="4.1">District Courts</unit><unit label="article" level="3" order_by="1" identifier="5">Financing of the District System</unit></structure><text>
						<section><p>Except as otherwise provided, upon the initial commencement of any case in the juvenile and domestic relations district <span class="dictionary">court</span> pursuant to subdivision A 3 of &#xA7;&#xA0;<a class="law" title="Jurisdiction; consent for abortion" href="/16.1-241/">16.1-241</a> when the <span class="dictionary">custody</span> or visitation of a child is a subject of controversy or requires determination, there shall be a filing fee of $25. However, only one $25 fee shall be required for all <span class="dictionary">custody</span> and visitation <span class="dictionary">petitions</span> simultaneously initiated by a single petitioner. Notwithstanding any other provision of <span class="dictionary">law</span>, there shall be no other fees or costs added to this fee as a condition of filing. No case to which this fee is applicable shall be set for <span class="dictionary">hearing</span> by the clerk until this fee has been paid except on account of poverty as provided in &#xA7;&#xA0;<a class="law" title="Persons allowed services without fees or costs" href="/17.1-606/">17.1-606</a>. Fees shall be paid to the clerk in the <span class="dictionary">jurisdiction</span> in which the <span class="dictionary">petition</span> is filed.
		This fee shall not be charged in any case brought by an agent of the Commonwealth or of a local government entity.
		When <span class="dictionary">service of process</span> is had on the respondent named in a <span class="dictionary">petition</span> for which the filing fee established by this section has been paid, such <span class="dictionary">petition</span> may be reissued once by changing the return day of such process, for which service there shall be no charge; however, reissuance of such process shall be within three months after the original return day.
		In the case of an appeal filed pursuant to &#xA7;&#xA0;<a class="law" title="Jurisdiction of appeals; procedure" href="/16.1-296/">16.1-296</a>, the clerk shall collect any applicable fees for <span class="dictionary">service of process</span> of the <span class="dictionary">notice of appeal</span> in the <span class="dictionary">circuit</span> <span class="dictionary">court</span> from the <span class="dictionary">appellant</span> prior to transmitting the case to the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span>. For purposes of this section, <span class="dictionary">service of process</span> in the <span class="dictionary">circuit</span> <span class="dictionary">court</span> may include service on the <span class="dictionary">appellee</span> by the sheriff or private process server or certified or registered mail, and service on the attorney for the <span class="dictionary">appellee</span> by regular mail.</p></section></text><history>2003, c. 906; 2004, cc. 366, 659, 727.</history><metadata></metadata></law>
