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Virginia statute

Va. Code Ann. § 18.2-49.1 — Violation of court order regarding custody and visitation; penalty

Current through 2026 Regular Session

Part of Article 3: Kidnapping and Related Offenses, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-49.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-49.1Primary source, current through the 2026 Regular Session
A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child's parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony. B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

Is violation of court order regarding custody and visitation a felony or a misdemeanor in Virginia?

It depends on the circumstances: violation of court order regarding custody and visitation ranges from a class 3 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-49.1.

Withholding child from parent/guardian in violation of custody order — outside the Commonwealth: class 6 felony (Va. Code Ann. § 18.2-49.1A) · Violation of custody/visitation order — first offense: class 3 misdemeanor (Va. Code Ann. § 18.2-49.1B) · Violation of custody/visitation order — second offense within 12 months: class 2 misdemeanor (Va. Code Ann. § 18.2-49.1B) · Violation of custody/visitation order — third offense within 24 months: class 1 misdemeanor (Va. Code Ann. § 18.2-49.1B)

Which Virginia statute covers violation of court order regarding custody and visitation?

Violation of court order regarding custody and visitation is governed by Va. Code Ann. § 18.2-49.1 (Violation of court order regarding custody and visitation; penalty).

This reference is informational and is not legal advice.