Abigail Spanberger Approves Expanded Provisions for Child Custody Relief Petitions in Juvenile Courts
In Richmond, the Governor has given final approval to legislation that broadens the scope of who can seek judicial relief from the care and custody of children in Virginia’s juvenile and domestic relations district courts. The measure, House Bill 73, was approved by the Governor on April 6, 2026, becoming Chapter 58 of the 2026 Acts of Assembly, and is scheduled to become effective on July 1, 2026.
The primary sponsor of the bill was Delegate Joshua Cole. The legislation allows the custodian of a child to file a petition for relief of the care and custody of such child in a juvenile and domestic relations district court. Current law previously only authorized the parent or parents of a child to file such a petition for relief of care and custody.
Furthermore, the bill stipulates that the petitioning parent or custodian is required to cooperate with any services provided by a local department of social services during the initial investigation by such local department of social services after the petition for relief of care and custody has been filed.
This bill was presented as a recommendation of the Virginia Commission on Youth. It is identical to Senate Bill 206, which followed a parallel path through the legislative process.
The journey of House Bill 73 through the Virginia General Assembly began with its prefiling on December 31, 2025. It was offered on January 14, 2026, and referred to the House Committee for Courts of Justice. The bill was then assigned to the House Subcommittee on Civil on January 22, 2026.
The subcommittee took action on January 26, 2026, recommending that the bill be reported with a vote of 10 in favor and 0 opposed. A fiscal impact statement from the Department of Planning and Budget accompanied this recommendation.
On January 28, 2026, the full House Committee for Courts of Justice reported the bill favorably with a vote of 19 yeas and 0 nays. Another fiscal impact statement from the Department of Planning and Budget was noted at this stage.
The House conducted its first reading of the bill on January 30, 2026. On February 2, 2026, the bill was read for the second time and engrossed, with the fiscal impact statement again referenced.
The House passed House Bill 73 on February 3, 2026, during a block vote, recording 98 yeas, 0 nays, and 0 abstentions. The fiscal impact statement from the Department of Planning and Budget was part of the documentation.
The bill then proceeded to the Senate on February 4, 2026, where the constitutional reading was dispensed on first reading, and it was referred to the Senate Committee for Courts of Justice. The fiscal impact statement was noted once more.
The Senate Committee for Courts of Justice reported the bill on February 18, 2026, with a block vote of 13 yeas and 0 nays. The fiscal impact statement from the Department of Planning and Budget was included in the committee’s considerations.
On February 20, 2026, the Senate suspended its rules and dispensed with the constitutional reading on the second reading through a block vote of 40 yeas, 0 nays, and 0 abstentions. The bill was passed by for the day via voice vote.
The Senate completed its third reading on February 23, 2026, passing the bill on a block vote with 38 yeas, 0 nays, and 0 abstentions. The fiscal impact statement was again referenced.
Following passage in both chambers, the bill was enrolled on February 25, 2026. The bill text as passed by the House and Senate was prepared, and it was signed by the Speaker of the House and the President of the Senate on that date. Fiscal impact statements continued to be associated with the documentation.
On March 10, 2026, the enrolled bill was communicated to the Governor for review. The Governor had until 11:59 p.m. on April 13, 2026, to take action.
The Governor approved House Bill 73 on April 6, 2026, resulting in its designation as Chapter 58 with an effective date of July 1, 2026. The Acts of Assembly Chapter text was prepared accordingly.
Throughout the entire legislative process, fiscal impact statements from the Department of Planning and Budget were prepared and referenced on multiple occasions, including January 26, February 2, February 3, February 4, February 18, February 23, and February 25, 2026, among others. These statements provided lawmakers with information on the potential budgetary implications of the proposed changes.
The provisions of the bill address important aspects of the juvenile and domestic relations district court system by extending the right to petition for relief of care and custody to custodians in addition to parents. This extension recognizes the role that custodians play in the lives of children who may be under their care.
The added requirement for cooperation with local departments of social services during initial investigations ensures that there is a structured process in place following the filing of any such petition.
The overwhelming support demonstrated in the committee votes and final passages in both the House and the Senate underscores the broad consensus on the merits of updating these court procedures.
As the effective date approaches on July 1, 2026, the new law will be implemented across the Commonwealth’s juvenile and domestic relations district courts, allowing custodians to utilize the petition process as outlined in the updated statutes.
This development comes after careful deliberation in the 2026 session of the Virginia General Assembly, where the bill advanced through all required stages without opposition in the recorded votes.
Government Abigail Spanberger Adele McClure Alex Askew Alfonso Lopez Amy Laufer Anne Tata Atoosa Reaser Barry Knight Betsy Carr Bill Wiley Bonita Anthony Briana Sewell Buddy Fowler Charlie Schmidt Charniele Herring Children Chris Runion Cia Price Cliff Hayes Constitution Dan Helmer David Reid Debra Gardner Delores McQuinn Delores Oates Destiny LeVere Bolling Don Scott Elizabeth Bennett-Parker Elizabeth Guzmán Ellen McLaughlin Eric Phillips Eric Zehr Garrett McGuire Gretchen Bulova Hillary Kent Holly Seibold ICE Irene Shin Israel O'Quinn Jackie Glass Jas Jeet Singh Jason Ballard Jay Leftwich Jeion Ward Jessica Anderson John McAuliff Joseph McNamara Josh Thomas Joshua Cole Justin Pence Kacey Carnegie Karen Hamilton Karen Keys-Gamarra Karrie Delaney Kathy Tran Katrina Callsen Keith Hodges Kelly Convirs-Fowler Kimberly Pope Adams Laura Cohen Lee Ware Legislation Leslie Mehta Lily Franklin Lindsey Dougherty Luke Torian Madison Whittle Marcus Simon Margaret Franklin Mark Downey Marty Martinez May Nivar Michael Feggans Michael Webert Michelle Maldonado Mike Cherry Mitchell Cornett Nadarius Clark NICOLE COLE Otto Wachsmann Patrick Hope Paul Krizek Phil Hernandez Phillip Scott Rae Cousins Rip Sullivan Robert Bloxom Rodney Willett Rozia Henson Sam Rasoul Scott Wyatt Shelly Simonds Stacey Carroll Terry Austin Terry Kilgore Tim Griffin Tom Garrett Tommy Wright Tony Wilt Virgil Thornton Virginia Virginia House of Delegates Vivian Watts Wendell Walker Will Davis Will Morefield Wren Williams