Title 16 — Domestic Relations
11 chapters · 258 sections in this title.
16 V.I.C. § 142 Consent of parents; appointment of guardian ad litem
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(a) The parents of the child, or the survivor of them, shall, except as otherwise provided in this chapter, consent in writing to such adoption. If neither parent is living, the guardian of the child, or, if there is no guardian, the next of kin in the Virgin Islands may give suc…
16 V.I.C. § 143 Notice to non-consenting parents
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(a) If a parent does not consent to the adoption of his child the court shall order a copy of the petition and order thereon served on him and the child personally, if found in the Virgin Islands, and, if not, that a notice thereof be published once a week for three successive we…
16 V.I.C. § 144 Consent of child
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If the child is 14 years of age or upwards the adoption shall not be made without his consent given to the court on privy examination.
16 V.I.C. § 145 Order of adoption; change of name
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(a) If, upon such petition so presented and consented, it appears that the child has resided with the petitioner for a length of time sufficient to indicate that the proposed adoption is in the best interest of the child, and the Commissioner of Public Welfare has submitted his r…
16 V.I.C. § 146 Effect of adoption
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(a) A child adopted under the provisions of this chapter is deemed, for the purpose of inheritance and all other legal consequences and incidents of the natural relation of parents and children, the child of the parents by adoption, the same as if he had been born to them in lawf…
16 V.I.C. § 147 Subsidized Adoption Act in effect; administered by Department of Social Welfare
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The Department of Social Welfare, acting pursuant to Title 34, chapter 11, Virgin Islands Code, shall operate a subsidized adoption program to make possible the adoption of children who otherwise may not be adopted. This program is to benefit children in special circumstances, pr…
16 V.I.C. § 181 Application for change of name
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(a) Each application for change of name must be notarized and must provide the following information about the applicant:(1) The applicant’s name and current address;(2) The date and place of birth of the applicant, and if known, the applicant’s father’s name, the applicant’s mot…
16 V.I.C. § 182 Notice, order and recording of change of name
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Before adjudging a change of name, except as provided in chapter 5 of this title, the court shall require public notice of the application therefor to be given that all persons may appear and show cause, if they have any, why the same should not be granted. The court shall also r…
16 V.I.C. § 221 Kinds of emancipation
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(1) The law recognizes three kinds of emancipation—(1) emancipation conferring the power to administer property;(2) judicial emancipation; and(3) emancipation by reason of having attained the age of majority. (1) emancipation conferring the power to administer property; (2) judic…
16 V.I.C. § 231 Emancipation by parental consent
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Any minor who has completed the age of 16 years may, with the consent of his parent or parents, be emancipated by a decree of the district court for the purpose of administering his property, in the manner prescribed in this subchapter. Emancipation may be petitioned for either b…
16 V.I.C. § 232 Emancipation against will of parents
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The minor may be emancipated against the will of his father or mother when they ill treat him or refuse to maintain and educate him or when they give him corrupt examples.
16 V.I.C. § 233 Capacity of emancipated minor
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Emancipation by the court capacitates the minor to govern his property and person as if he were of age; but until he attains his majority such emancipated person can not make any promise or contract any obligation exceeding in value the amount of his income for one year. Neither …
16 V.I.C. § 241 Emancipation by marriage; restrictions as to real property and loans [Repealed]
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16 V.I.C. § 241 Statutes current through Act 9046 of the 2025 session of the 36th Legislature, including all code changes through October 25, 2025 Virgin Islands Code AnnotatedCopyright © 2026 All rights reserved.
16 V.I.C. § 251 Emancipation of orphan
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A minor who has lost both parents may obtain the benefit of majority by decree of the district court, upon petition by the United States attorney.
16 V.I.C. § 252 Opposition of guardian
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A guardian may oppose an emancipation under this subchapter, in which case the district court shall hear the parties at an oral hearing in which the reasons for and against such emancipation may be alleged and proven.
16 V.I.C. § 253 Requirements for judicial emancipation
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(1) For granting the concession stated in section 251 and 252 of this title, it is required that—(1) the minor be over eighteen years of age and have the necessary ability to manage and administer his property;(2) the minor consent to the emancipation; and(3) such emancipation be…
16 V.I.C. § 254 Effect of decree of judicial emancipation
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When the district court decrees the emancipation of the minor, it shall order that he be considered as of age, for all legal effects, except as limited by this subchapter.
16 V.I.C. § 261 Age of majority; effects
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All persons are deemed to have arrived at majority at the age of 18 years, and thereafter shall have control of their own actions and business and have all the rights and be subject to all the liabilities of persons of full age.
16 V.I.C. § 291 Definitions
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(a) As used in this chapter, unless the context otherwise requires:(a) “Out-of-wedlock” is synonymous with “illegitimate”, and includes children born to a marriage where the child is not the product of the marriage.(b) “Acknowledgment of Paternity” shall be synonymous with “Affid…
16 V.I.C. § 292 Voluntary paternity establishment
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(a) Paternity may be voluntarily established through the execution of an Acknowledgment of Paternity. The process shall be as follows:(1) The Acknowledgment of Paternity, as prescribed in this section, shall be the exclusive means to voluntarily establish paternity of children bo…
16 V.I.C. § 293 Court and administrative paternity establishment
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(a) Proceedings under this chapter may be instituted by (1) any female resident of the Virgin Islands who has delivered an out-of-wedlock child or by (2) any male resident of the Virgin Islands who is alleging to be the father of an out-of-wedlock child, or (3) any legal custodia…
16 V.I.C. § 294 Proof of certain support and paternity establishment costs
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In any proceeding initiated pursuant to this chapter, any bills for pregnancy, childbirth and genetic testing are admissible as evidence without requiring third-party foundation testimony, and shall constitute prima facie evidence of amounts incurred for such services or for test…
16 V.I.C. § 295 Proof of paternity when a parent is deceased
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(a) The deceased father of a child born out-of-wedlock, by having publicly acknowledged the child as his own, or having received the child into his family and otherwise having treated it as if it were a legitimate child, thereby provides evidence of paternity. (b) If the mother i…
16 V.I.C. § 296 Paternity establishment through marriage of parents
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Children born out-of-wedlock become legitimized by the subsequent marriage of their parents with each other even though such marriage shall be adjudged to be void.
16 V.I.C. § 297 Temporary support order based on probable paternity in contested cases
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In any proceeding initiated pursuant to this chapter in which paternity is contested, upon motion of a party to the action, a temporary order shall be issued requiring the provision of child support pending a court or hearing officer determination of paternity, if there is clear …
16 V.I.C. § 298 No right to jury trial
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The parties to an action initiated under this chapter are not entitled to a trial by jury under any circumstance.
16 V.I.C. § 341 Definitions
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(a) The following words and phrases when used in this title shall have the meanings respectively ascribed to them in this section, unless the context otherwise requires:(a) “arrearages,” “arrears,” or “overdue support” means the amount of delinquency pursuant to an obligation det…
16 V.I.C. § 342 Persons obligated to support
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(a) The following are obliged to support each other—(1) husband and wife;(2) legitimate ascendants and descendants up to 18 years of age;(3) parents and children and the legitimate descendants of the latter up to 18 years of age;(4) the adopter and the person adopted; and(5) pare…
16 V.I.C. § 343 Order of duty between two or more persons liable for support
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(1) A claim for support, when proper and when there are two or more persons who are bound to give it, shall be made in the following order—(1) to the husband or wife;(2) to the nearest descendants;(3) to the nearest ascendants;(4) to brothers or sisters. (1) to the husband or wif…
16 V.I.C. § 344 Apportionment of support between two or more obligors
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(a) When the obligation to support devolves upon two or more persons, the amount that each shall pay shall be proportioned to his respective estate. Nevertheless in cases of urgent necessity and under special circumstances, the judge may order one of them to provisionally provide…
16 V.I.C. § 345 Determining amount of support
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(a) The amount provided for support, except for the support due to or on behalf of a child or children, shall be proportioned to the resources of the person giving such support and to the necessities of the party receiving it, and shall be reduced or increased in proportion to th…
16 V.I.C. § 346 Time obligation arises
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The obligation to support may be claimed from the time the person having a right thereto shall require such support, but it shall not begin until the date on which a petition therefor is made.
16 V.I.C. § 347 Manner of payments
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Payments for support shall be made monthly, in advance, and when the person receiving the same dies, his heirs shall not be required to repay any sum that may have been paid in advance.
16 V.I.C. § 348 Manner of support
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The person obliged to render support may either pay the amount required to be paid or receive and maintain in his own dwelling the person having a right to such support.
16 V.I.C. § 349 Effect of obligor's death
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The obligation to give support ceases with the death of the person obliged to give it, even when given in fulfilment of a final judgment.
16 V.I.C. § 350 Transfer of right; set-off
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(a) The right to receive support can not be relinquished or transmitted to a third party; Provided, That in the case of a person who is receiving public assistance in the form of financial aid for dependent children from the Department of Social Welfare or any other governmental …
16 V.I.C. § 351 Time obligation ceases
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(1) The obligation to give support ceases—(1) with the death of the recipient;(2) when the means of the person obliged to give it shall have been reduced so that he cannot do so without disregarding his own needs and those of his family;(3) when the recipient is capable of workin…
16 V.I.C. § 352 Priority of support judgment or order over other obligations; payroll deductions
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(a) A judgment or order entered under this subchapter against any person for the support of a person he or she is found obligated to support pursuant to section 342 of this chapter or pursuant to subchapter 3 of this chapter shall take priority over all other financial obligation…
16 V.I.C. § 353 Immediate income withholding for all orders requiring payment of child support or child support in conjunction with spousal or former spousal support
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(a) Except as provided in subsection (b) of this section, every order of child support or child support in conjunction with spousal or former spousal support entered or modified by the Superior Court or an administrative hearing officer shall include a provision that the child su…
16 V.I.C. § 354 Hearing officer
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(a) There shall be appointed by the Governor upon the recommendation of the Attorney General, one (1) or more hearing officers who are by reason of training, education, experience and such other criteria as may be established in writing by the Attorney General qualified to hear a…
16 V.I.C. § 355 Notice for income withholding or income tax refund withholding
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(a) Upon whichever may first occur:(1) the day the obligor fails to make payments under a child support order or an order for child support in conjunction with spousal or former spousal support in an amount equal to the support payable for one (1) month, or(2) the day on which an…
16 V.I.C. § 356 Hearing
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(a) If the obligor wishes to contest income withholding or income tax refund withholding, he or she must notify the Division and the Administration Hearing Office in writing within ten (10) days of the notice provided for in section 355 of this chapter. Failure to inform the Divi…
16 V.I.C. § 357 Notice to employer
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(1) The Division shall send written notice, or, at the discretion of the Division, notice through electronic means, of income withholding to the obligor's employer:(1) within 2 business days after the issuance of an order requiring immediate wage withholding pursuant to section 3…
16 V.I.C. § 358 Employer's obligations
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(1) An employer who receives a notice or order of income withholding as provided in section 357 of this chapter shall:(1) withhold from the obligor's income the amount stated in section 357(2)(a) of this chapter;(2) send this amount to the Child Support Disbursement Unit accordin…
16 V.I.C. § 359 Obligor's obligation to inform about new employment
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Any obligor whose income is subject to an income withholding order or notice must inform the Paternity and Child Support Division if he or she changes employers and must provide the Division with the new employer's name and address within fourteen (14) days of the new employment.
16 V.I.C. § 360 Employer's liability for wrongful retribution
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(a) No employer of a person whose income is subject to an income withholding order may discharge, refuse to employ, or take disciplinary action against such person because of the income withholding order. Any employee who is discharged, denied employment, or disciplined because o…
16 V.I.C. § 361 Employer's liability for failure to withhold
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Any employer that fails to withhold income in accordance with the provisions of a notice that is served on such employer pursuant to section 357 of this chapter is liable for the accumulated amount it should have withheld from the obligor's income, and shall be fined not less tha…
16 V.I.C. § 362 Employer's right to combine payments
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Any employer that is served with a notice issued pursuant to section 357 of this chapter for more than one (1) obligor may combine the withheld amount from all of its employees subject to such notices into a single payment to the Paternity and Child Support Division. The employer…
16 V.I.C. § 363 Support orders issued in other U.S. jurisdictions
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(a) The income withholding system established under this chapter shall include withholding from income derived in this territory where the applicable child support orders were issued in any of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any oth…
16 V.I.C. § 364 Reduction or termination of income withholding
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(a) When a support arrearage is paid in full, the Paternity and Child Support Division shall notify the obligor's employer. The employer then shall reduce the amount of income withheld to cover only the current support obligation. (b) Once income withholding has been instituted i…