Virginia Code

Va. Code Ann. § 16.1-262 (2026)

Form and content of petition

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. The petition shall contain the facts below indicated:

"Commonwealth of Virginia, In re ______ (name of child)" a child under eighteen years of age.

"In the Juvenile and Domestic Relations District Court of the county (or city) of ______ "

1. Statement of name, age, date of birth, if known, and residence of the child.

2. Statement of names and residence of his parents, guardian, legal custodian or other person standing in loco parentis and spouse, if any.

3. Statement of names and residence of the nearest known relatives if no parent or guardian can be found.

4. Statement of the specific facts which allegedly bring the child within the purview of this law. If the petition alleges a delinquent act, it shall make reference to the applicable sections of the Code which designate the act a crime.

5. Statement as to whether the child is in custody, and if so, the place of detention or shelter care, and the time the child was taken into custody, and the time the child was placed in detention or shelter care.

B. If the subject of the petition is an adult, the petition shall not state or include the name of or any information concerning the parents, guardians, legal custodian, or person standing in loco parentis of the adult subject of the petition except as may be necessary to state the conduct alleged in the petition.

C. If any of the facts herein required to be stated are not known by the petitioner, the petition shall so state. The petition shall be verified, except that petitions filed under § 63.2-1237 may be signed by the petitioner's counsel, and may be upon information.

In accordance with § 16.1-69.32, the Supreme Court may formulate rules for the form and content of petitions in the juvenile court concerning matters related to the custody, visitation or support of a child and the protection, support or maintenance of an adult where the provisions of this section are not appropriate.

Code 1950, § 16.1-165; 1956, c. 555; 1977, c. 559; 1979, c. 615; 1984, c. 631; 1995, cc. 772, 826; 2000, c. 830; 2016, c. 626.

Notes of Decisions

Cited in 7 cases, 1995–2019 · leading case: Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995).

Sort: Relevance Newest Treatment

Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995). · cites it 2× “1-260(A), the filing of a petition that meets the requirements of Code § 16.1-262 commences any matter alleged to be within the jurisdiction of the juvenile and domestic relations district court.”

Pannell v. Commonwealth, 540 S.E.2d 527 (Va. Ct. App. 2001). · cites it 2× “1-260 directs that “[a]ll matters alleged to be within the jurisdiction of the [J & D] court shall be commenced by the filing of a petition” in the “form and content” specified by Code § 16.1-262. Code § 16.1-260(A). A petition alleging delinquency, a matter within the…”

Jacques Adam Beim v. Roanoke Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2018). · cites it 8× “1-283(C)(2) and (2) “termination and adoption [were] in the best interests of the children.” Father also asserts that the “initial Petition for Protection Order was fatally flawed in that it was not a verified petition signed by the affiant as required by” Code § 16.”

Robyn Sanette Musolff v. Roanoke Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2018). · cites it 7× “Mother further argues that the lower courts did not have jurisdiction over these proceedings under Code §§ 16.1-262 and -241 because (1) the affidavit filed in support of the preliminary child protective order “was not based on facts personally known by the Affiant” as required…”

Eddie Cisneros v. Arlington Cnty. Dep't of Human Servs. (Va. Ct. App. 2016). · cites it 2× “Code § 16.1-262(A) describes the necessary contents for this petition: -4- The petition shall contain the facts below indicated “Commonwealth of Virginia, In re ____________________ (name of child)” a child under eighteen years of age.”

Jessica Nicole Baldwin v. John Denton Baldwin (Va. Ct. App. 2019). · cites it 2× “1, sets forth that “[a]ll matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition” according to the form and content of Code § 16.1-262. Code § 16.1-260(A). Therefore, while a typical civil action is commenced by the filing of a…”

Tynesha Chavis v. Hopewell Dep't of Soc. Servs. (Va. Ct. App. 2011). “FACTS On March 8, 2010, DSS filed four petitions in the JDR court pursuant to Code §§ 16.1-262 and 16.1-263 alleging that mother’s four minor children: Q.”

— Va. Code Ann. § 16.1-262(A) — 1 case

Eddie Cisneros v. Arlington Cnty. Dep't of Human Servs. (Va. Ct. App. 2016). “Code § 16.1-262(A) describes the necessary contents for this petition: -4- The petition shall contain the facts below indicated “Commonwealth of Virginia, In re ____________________ (name of child)” a child under eighteen years of age.”

— Va. Code Ann. § 16.1-262(C) — 2 cases

Robyn Sanette Musolff v. Roanoke Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2018). “Mother further argues that the lower courts did not have jurisdiction over these proceedings under Code §§ 16.1-262 and -241 because (1) the affidavit filed in support of the preliminary child protective order “was not based on facts personally known by the Affiant” as required…”

Jacques Adam Beim v. Roanoke Cnty. Dep't of Soc. Servs. (Va. Ct. App. 2018). “1-283(C)(2) and (2) “termination and adoption [were] in the best interests of the children.” Father also asserts that the “initial Petition for Protection Order was fatally flawed in that it was not a verified petition signed by the affiant as required by” Code § 16.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.