CHILD CUSTODY LAWYER IN FAIRFAX VIRGINIA

Child custody is a complex process and will involve multiple steps and considerations throughout the case. As a child custody lawyer in Fairfax Virginia, I can fight your case and defend your legal custody rights.

read below important information about child custody in virginia

How Should You Prepare For A Child Custody Case In Fairfax? As Explained By Child Custody Lawyer in Fairfax Virginia

Here’s the deal: You are going to court because you are unable to reach an agreement on the custody of your child.

Instead, the court determines the child custody arrangement based on its perception of the best interests of the child.

Not only does the court look at which parent can provide the most stable environment, but also which parent will be able to address the mental, emotional, and physical needs of the child.

In order to start the child custody process, you must first file a petition for custody in the Juvenile and Domestic Relations District Court (JDR).

If child custody has already been determined through a divorce, you may be required to file in the Circuit Court.

Are You Seeking Primary Physical Custody of Your Child?

It is important to know what type of child custody you are advocating for. The different types of child custody in Fairfax are:

• Physical Custody
• Legal Custody
  
  

Courts will most often discuss the physical custody of a child. The parent who has primary physical custody is the parent with whom the child spends the majority of their time.

The parent who has legal custody of a child is the parent who has decision-making power on all legal matters that relate to the child.

Most often, both parents enjoy joint legal custody.  Both parents have the authority to make important decisions for the child.

In certain circumstances though a parent may be awarded sole legal custody over the child.

This usually happens if the other parent has a history of not being present in the child’s life or they are seen as unfit.

An unfit parent is unable or unwilling to provide a safe and stable environment for their child.

If one parent has legal custody, but not primary physical custody, they are known as the non-custodial parent and often have a set visitation schedule.

Do Your Living Arrangements Matter When Deciding Child Custody In Fairfax?

Your living arrangements will affect a judge’s decision on custody and visitation.

You should present yourself, and your residence, in the best light during your child custody case.

This includes having space for your child to live comfortably and in a location that disrupts the child’s life the least.

For example, a judge may view a home with a separate bedroom for the child in a safe neighborhood better than a single-room apartment in a dangerous area.

Also, living in the marital home or in close proximity to their school are examples of how a child’s normal routine will be least disrupted.

How Does My Relationship With My Child Affect Child Custody Case?

The bottom line is: your relationship with your child is very important in a child custody case.

Your willingness and ability to care for your child’s needs are vital. These include mental, emotional, and physical needs.

Being able to care for these needs will reflect positively on your ability to be the custodial parent.

Knowing details about your child’s life also helps your case.

Being aware of how they are doing in school, their extracurricular activities, their medical history, and more will help your case.

As the custodial parent, you are responsible for handling the majority of their needs.

To determine your involvement as a parent, a judge will ask you about their day-to-day activities.

A parent who shows more involvement in their school and personal work may be seen as a positive influence in the child’s life.

If you are advocating for primary physical custody, you must show the judge that you are the more suitable parent.

Does The Child’s Opinion Matter In Child Custody In Fairfax?

The weight given to the child’s wishes depends on the situation and the child.

This is fully up to the discretion of the judge.

A judge will consider a child’s motivations, age, intellectual ability, and maturity when deciding on child custody in Fairfax.

A child’s motivations to stay primarily with one parent over the other could be for a number of reasons.

When examining a child’s preference, the judge will need to make sure that the child’s motivations align with their best interest.

If a parent allows their child significant freedom and independence, the child may be in favor of staying with that parent.

However, it may not be in their best interest if this freedom and independence are not age-appropriate.

The age of the child also matters in child custody decisions.

A judge may consider the wishes of a twelve-year-old over a five-year-old because of their ability to make rational decisions.

This also may correspond to their intellectual ability to understand the situation fully.

It is important to contact a child custody attorney in Fairfax to help you with your case.

How Is Child Custody In Fairfax Determined If You Are Not Married?

If the parents were never married, the paternity of the father must be established.

After paternity has been established the father has parental rights to that child. There are two ways to establish this in court:

• Signing An Acknowledgment of Paternity
• DNA Test

Both the mother and father must voluntarily sign an acknowledgment of paternity in front of a witness.

Once the paternity of the child is final and established in court, the unmarried father has the same rights to the child as the mother.

Depending on your living arrangements with an unmarried partner, if you are living with your unmarried partner and petitioning for child custody in Fairfax, this should not be as difficult to come to an agreeable custody agreement.

However, in cases where the parents are unwilling to mutually acknowledge the father’s paternity, there is always the option of a DNA test.

How Does The Court Handle Child Custody in Fairfax Involving Other Family Members?

Sometimes child custody involves persons who are not the biological parents. The Commonwealth of Virginia allows for “legitimate persons of interest” to file for custody.  

Typically, these include close family members such as grandparents or siblings.

A judge will prefer to assign custody to a parent above a family member when the parent has shown to be fit and able to create a stable environment for the child.

There must be strong evidence to show the judge that granting custody to either one of the child’s parents is not in the best interest of the child.

What happens if I Am Not Happy With The Results of My Child Custody Case?

If your case was heard in the JDR court then you have the opportunity to appeal it to the Circuit Court.

At the Circuit Court, you will get essentially a “redo trial” in a completely new court with a new judge.

If your case starts in the Circuit Court then you have the opportunity to appeal it to the Virginia Court of Appeals.

A Court of Appeals decision will go against a Circuit Court decision when it is clear that the lower court incorrectly applied the law.