Custody

If your child’s health condition, diagnosis, or medical treatment is something that you want the judge to consider in your custody or visitation case, you can give the court a report or statement from a treating health care provider in your in domestic relations district court case.¹ You must give the other parent and the guardian ad litem a copy of these statements or reports along with a written notice of your plan to use it at least 30 days before your trial is scheduled. To be accepted by the court, this evidence must include a sworn statement from either:

• the person in charge of managing the doctor’s records (the “custodian of the report”) confirming that the report provided is a true and accurate copy of the original; or
• a sworn statement from your child’s doctor confirming that:

1. the doctor treated your child;
2. the report is true, accurate, and includes a full description of both your child’s treatment and any conclusions that your child’s doctor reached; and
3. any bill included with the report is true and accurate.² 

The other parent must file any response to this evidence at least 15 days before the trial is scheduled.³ If it becomes necessary for the doctor or the custodian of the report to testify in person, the court will determine whether you or the other parent needs to pay the costs of that person’s appearance. If appropriate, the judge may split the cost between you.² 

¹ Va. Code § 16.1-245.2(A)
² Va. Code § 16.1-245.2(A)(2)
³ Va. Code § 16.1-245.2(B)