Fairfax Child Custody Attorney

Experienced Child Custody Services for Virginia Families

Child custody & visitation are often the most contentious issues during a divorce. Every parent cares about and loves their children. Parents want to remain active and engaged in their children's lives. During a divorce or separation, parents may sometimes lose sight of the importance of the children's best interests. Emotions can run high, making it hard to focus on long-term solutions that help the children thrive.

Serving clients in Fairfax County, VA, and the surrounding Northern Virginia area since 1981, Wexell Milman brings decades of experience in family law matters. We help parents minimize conflict and harm during separation and divorce by keeping the focus on solutions that support your goals as a parent.

To speak with our experienced Fairfax child custody attorney, call (703) 454-5448 or contact us online today.

How Is Child Custody Decided in Virginia?

Virginia’s “Best Interest of the Child” statute appears in Section 20-124.3 of the Code of Virginia.

In all child custody or visitation disputes, the court bases its decision on these factors:

• The age and physical and mental condition of the child
• The age and physical and mental condition of each parent
• The relationship between each parent and each child
• The needs of the child
• The role each parent has played in raising and caring for the child, and the expected future role
• The likelihood of each parent encouraging the child’s relationship with the other parent and cooperating on parenting matters
• The reasonable preference of the child, where applicable by age and maturity
• Any family history of domestic violence or abuse
• Any other relevant factor as determined by the court

What Are the Types of Custody in Virginia?

Legal Custody

Legal custody means the right and responsibility to make significant decisions about a child's upbringing, including education, healthcare, religion, and general welfare. 

There are two types:

• Sole Legal Custody: One parent makes all major decisions for the child without needing to consult the other parent.
• Joint Legal Custody: Both parents must work together and reach agreement on important decisions impacting the child's life.

Fairfax County courts encourage shared legal custody when parents demonstrate an ability to communicate and cooperate. Judges ask for evidence of effective decision-making, commitment to collaboration, and a well-developed parenting plan. 

Physical Custody

Physical custody concerns where the child lives and which parent is responsible for daily care. 

As with legal custody, physical custody can be assigned in different ways:

• Sole Physical Custody: The child lives mainly with one parent, while the other may have scheduled visitation or parenting time.
• Joint Physical Custody: The child splits significant time between both parents’ homes. The schedule varies based on the child's needs and the family's circumstances.

Courts in Fairfax work to create physical custody arrangements that fit the realities of families' daily routines, school commitments, and community involvement. The locations of each parent's home, commuting patterns, and local transportation options often influence the structure of joint physical custody arrangements.

The court always prioritizes the child's best interests in all custody decisions. Every case receives close attention to details such as each parent's ability to meet the child's needs, the quality of parent-child relationships, and any history of domestic violence. The most appropriate custody arrangement will reflect the child's well-being and the unique context of the family in question.

Does It Matter Who Files for Custody First in Virginia?

Virginia law does not grant an advantage to the first parent who files for custody. The first to file simply becomes the plaintiff or petitioner. Instead of focusing on filing first, consider building a strong case around the facts and your child's best interests.

Children benefit most when parents resolve custody issues without a drawn-out court battle. The child custody lawyers at Wexell Milman in Fairfax County know the full range of custodial arrangements and work with you to evaluate options for your circumstances.

Misconceptions About Child Custody & Visitation in Virginia

Many parents assume Virginia courts favor mothers or just follow standard visitation schedules, but these beliefs do not match legal reality. The law requires courts to assess each family individually and base custody decisions on the child's best interests, not the parents’ gender.

Another misconception is that parents lose rights if they move out of the family home. This is not true; a change in address does not negate your parental rights or your ability to seek a favorable custody order. 

Some parents believe judges will simply defer to older children’s preferences or determine custody strictly by school district boundaries. While the court may listen to the preferences of children mature enough to express them, final decisions always reflect a larger view of the child’s welfare, safety, and long-term stability. 

Understanding Your Rights in Child Custody Cases

Parents navigating a custody dispute need to understand their rights each step of the way. Safeguarding your right to participate in key decisions for your child helps protect the child’s interests and your relationship.

Parents in Virginia should keep these rights in mind:

• Right to Participate: Each parent has the right to take part in important decisions about their child's schooling, healthcare, and upbringing.
• Right to Fair Representation: You have the right to retain a lawyer to advocate for you and your child during legal proceedings.
• Right to Mediation: Courts often encourage parents to resolve custody disputes through mediation before trial, and you can request mediation at any stage.
• Right to Modify Custody Orders: If family circumstances change, either parent may petition the court to update the custody order to match the child’s current needs.
• Right to Privacy: Although custody cases are generally public, you may request that the court restrict public disclosure of sensitive information.

Creating a Co-Parenting Plan in VA

When drafting a parenting plan in Fairfax County, consider the public school calendars, transportation needs, and how local activities factor into your child's routines. Including specific guidance about holidays and breaks can help avoid confusion and prevent later disputes. Courts in the area look favorably on parents who account for children's involvement in community or after-school programs and who anticipate the effects of commute times and local events.

Co-parenting plans provide many benefits:

• Clearly define how each parent will share routines and responsibilities
• Reduce misunderstandings and prevent conflicts
• Promote consistent routines and support children’s emotional stability
• Enable the plan to change as children grow
• Serve as clear legal documentation

Effective co-parenting plans evolve as family circumstances change. When parents communicate and review the plan periodically, the arrangement continues to serve the children's best interests. Our lawyers help families draft and keep their plans focused on providing a sense of stability even as family life changes.

Common Mistakes Parents Make When Dealing With Child Custody Issues

Parents sometimes make avoidable mistakes during custody or visitation disputes, which can negatively affect both the outcome of the case and the children's well-being.

You can avoid these common missteps:

• Not Prioritizing the Child's Best Interests: Focus on what benefits the child, not personal preferences or resentments. Emotional reactions can distract from the child’s real needs.
• Lack of Communication and Cooperation with the Other Parent: Failing to communicate and cooperate increases the chances of conflict and weakens co-parenting arrangements.
• Disparaging the Other Parent: Criticizing the other parent in front of your child can harm their emotional health and their relationship with both parents.
• Ignoring Court Orders: Violating court-ordered custody or visitation may lead to legal consequences and undermine future court decisions.
• Using the Child as a Bargaining Chip: Dragging the child into disputes or negotiations may harm their emotional health.
• Not Keeping Reliable Records: If you do not document key exchanges and communications, you may have trouble supporting your position in court.
• Overlooking the Impact of Social Media: Sharing negative or inappropriate material online can hurt your standing in court and affect custody outcomes.

The Process of Modifying Custody & Visitation Orders in Fairfax

Families’ circumstances change, and sometimes you need to modify an existing child custody or visitation order. The law in Fairfax requires a formal legal process to change these orders, with the child’s well-being as the guiding concern. Common reasons for modification include relocation, new job schedules, or shifts in the child's needs. The court requires evidence that a meaningful change has affected the child's life to consider modifying an order.

When you seek a modification, you typically file in the Fairfax County Juvenile and Domestic Relations District Court or Circuit Court, depending on where you received the original order. The court expects detailed documentation—such as address changes or new work hours—to demonstrate the impact on the child’s home life and routines. Relocating to another school district in Fairfax or moving to a nearby county such as Loudoun or Arlington can prompt review of custody arrangements, as the court wants stability and support in the child's environment.

Frequently Asked Questions About Child Custody & Visitation in Fairfax

What Should I Do If My Ex-Spouse Does Not Follow the Custody Agreement?

It can be distressing and frustrating when an ex-spouse does not adhere to agreed custody terms. In these situations, you need to document every missed exchange or schedule change. These records help resolve disputes through direct discussion, or can support your position in court if legal enforcement becomes necessary. Mediation or legal action may sometimes provide the best solution. 

How Can I Prove That Joint Custody Is in My Child’s Best Interest?

To show joint custody is appropriate, demonstrate your history of cooperation, parent involvement, and ability to communicate with your co-parent. Virginia courts review how well both parents support the child's physical and emotional growth. Documentation of positive co-parenting, adherence to visitation schedules, and support from community contacts can strengthen your case.

Can Visitation Be Adjusted if My Child Refuses to Go?

If a child routinely refuses visitation, explore the reasons why. Speak with your child to uncover any concerns, and consider their schedule, comfort in each household, and emotional wellbeing. Ongoing refusal may eventually require legal review of the current visitation plan.

Court-ordered changes to visitation take the child's age and needs into account, and the court considers any shifts in the family’s situation. We support parents in working through these issues so the visitation plan remains healthy and practical for everyone.

What Is the Role of a Guardian Ad Litem in Custody Cases?

In some Fairfax custody cases, the court appoints a guardian ad litem (GAL) to independently assess what would best serve the child. The GAL interviews the parents and child, reviews records, and may speak to other professionals, before making recommendations to the court.

The GAL’s findings can shape the court’s decision. Cooperate and be transparent during this process so your case receives fair review. Our team helps you prepare for interviews and organizes key documents, focusing on outcomes that benefit your child and family.

Call the Fairfax Child Custody Lawyers at Wexell Milman Today

For answers to specific questions you have about child custody & visitation in Fairfax County – including temporary child custody orders (pendente lite orders), parenting plans, sole or joint legal custody, visitation rights, or the modification or enforcement of existing custody agreements or orders.  

Call Wexell Milman at (703) 454-5448 or contact us online to schedule a consultation to speak with our child custody lawyer in Fairfax, VA.