Find Family Court Records in New Kent County
New Kent County family court records are filed with the Circuit Court and the J&DR Court. The Circuit Court handles divorce and property matters; the J&DR Court handles custody, support, and protective orders.
New Kent County Overview
New Kent County Circuit Court Family Records
The New Kent County Circuit Court has jurisdiction over all divorce proceedings, equitable distribution of marital property, and spousal support matters for county residents. All documents filed in divorce cases are part of the permanent public record kept by the Clerk of Circuit Court on Courthouse Circle.
Divorce law in Virginia is set out in Chapter 6 of Title 20. Under § 20-91, a no-fault divorce is available after one year of living separate and apart. If spouses have no minor children and a signed separation agreement, the waiting period is six months. Fault-based grounds including adultery, cruelty, willful desertion, and felony conviction also remain available. Equitable distribution of marital property follows § 20-107.3, requiring the court to classify all assets and debts before assigning value and dividing them fairly.
Spousal support is determined under § 20-107.1. The court considers both parties' incomes and earning capacity, financial needs, obligations, standard of living during the marriage, length of the marriage, and each party's age and health. The clerk makes most case records available to the public under § 17.1-208.
| Office | New Kent County Circuit Court Clerk |
|---|---|
| Address | 12001 Courthouse Cir, New Kent, VA 23124 |
| Phone | (804) 966-9520 |
| Hours | Monday - Friday, 8:30 a.m. to 4:30 p.m. |
| Website | Circuit Court Directory |
J&DR Court: Custody, Support, and Protective Orders
The New Kent County Juvenile and Domestic Relations District Court is co-located with the Circuit Court at 12001 Courthouse Cir. This court handles child custody and visitation petitions, child support establishment and enforcement, paternity cases, juvenile matters, and family abuse protective orders.
The J&DR Court draws its authority from Chapter 11 of Title 16.1. Under § 16.1-241, this court has exclusive original jurisdiction over custody, support, and protective order matters that are not part of an active Circuit Court divorce case. Parents who need a standalone custody or support order file their petition in the J&DR Court.
Child support in New Kent County is calculated using the income shares model in § 20-108.2. The combined gross incomes of both parents determine the total support obligation, and each parent's share is proportional to their income. Support for children 18 and older who remain enrolled full-time in high school continues until graduation or age 19, whichever comes first.
Note: Family abuse protective orders in New Kent County are issued under § 16.1-253.2. Emergency orders are available through the on-duty magistrate after regular court hours.
How to Request New Kent County Family Court Records
Most family court records in New Kent County are public and open for inspection. You can access them in person, by mail, or through the Virginia Judicial System's free online case search tool.
The state's online case search lets you find cases by party name or case number and view basic case information such as filing dates, hearing dates, and case status. It does not show images of actual filed documents. To get copies, contact the clerk's office at the Courthouse Circle address.
In-person requests are handled Monday through Friday during business hours. Bring at least one party's full name and the approximate year the case was filed. The clerk finds the file and provides copies at fees authorized by § 17.1-275. Certified copies cost more and require a specific written request.
Mail requests should include party names, approximate filing year, your return address, and payment or a request for a fee estimate. The clerk has up to 30 days to respond under § 17.1-208(F), though most requests are handled faster.
Types of Family Court Records in New Kent County
Circuit Court divorce files in New Kent County generally include the complaint for divorce, any counterclaim, financial disclosure statements, property settlement agreements, custody terms if applicable, and the final decree. Contested cases may also include deposition transcripts and evidentiary materials. J&DR files cover custody and visitation orders, support worksheets and orders, income withholding notices, protective orders, and paternity determinations.
- Divorce decrees and final orders
- Property settlement agreements
- Custody and visitation orders
- Child support orders and wage withholding notices
- Protective orders under § 16.1-253.2
- Paternity orders and acknowledgments
- Spousal support orders
Some records are restricted. Adoption files, juvenile delinquency records, and certain child abuse proceedings are sealed and not open to the public. Access to sealed records requires filing a motion and showing good cause. The court decides whether to allow access based on the specific facts.
Child Custody Standards in New Kent County
New Kent County courts decide custody using the best interests of the child standard in § 20-124.2 and § 20-124.3. Virginia does not favor either parent by default. The child's welfare is the central concern in every custody case.
Courts weigh ten statutory factors: the child's age and physical and mental health, each parent's age and physical and mental condition, the quality of the relationship between each parent and the child, the child's ties to siblings and extended family, the role each parent has historically played in raising the child, each parent's willingness to support the child's relationship with the other parent, any reasonable preference expressed by a child mature enough to have a considered view, and any history of family abuse or sexual abuse.
Section 20-124.4 requires parents in contested custody disputes to attend a dispute resolution orientation before trial. Certified mediators lead these sessions. Mediation often produces agreements without a full hearing, which is less disruptive for children and tends to lead to more durable custody arrangements.
Under § 20-124.5, a custodial parent who plans to move with the child must give written notice to the other parent at least 30 days before the move. Failure to provide this notice can be treated as a material change in circumstances and may lead to a custody modification proceeding.
Virginia Child Support Enforcement Services
New Kent County residents can get help with child support through Virginia's Division of Child Support Enforcement, part of the Department of Social Services. The Division provides services statewide at no cost to applicants regardless of income.
Services include paternity establishment through genetic testing, administrative support orders under § 63.2-1903, income withholding, tax refund interception, license suspension, and credit reporting for non-paying parents. Administrative orders carry the same legal weight as court orders. Interstate support matters follow UIFSA under Chapter 5.3 of Title 20.
Note: Civil family court records in New Kent County are retained for at least 20 years from the date of the last court order under § 17.1-213, so older divorce and custody files stay accessible long after cases close.
Virginia Vital Records for New Kent County
Marriage and divorce records for New Kent County are also available through the Virginia Department of Health Vital Records office. Vital Records keeps a statewide index and issues certified copies for legal and administrative use. This is a good option when a trip to New Kent is not practical.
Marriage licenses are issued by the Clerk of Circuit Court under § 20-14 and are valid for 60 days. After the ceremony, the officiant returns the signed license to the clerk for permanent filing. Certified copies are available from both the Circuit Court clerk and the Vital Records office.
Nearby Counties
These counties are adjacent to New Kent County. Confirm your county of residence to file in the correct court.