Fairfax Child Custody Lawyer

Experienced Fairfax Child Custody Attorneys Serving Virginia Families

Child custody & visitation are hotly debated topics during a divorce. Every parent cares about and loves his or her children. Parents want to have an active and meaningful role in their children’s lives.

In the midst of a divorce or separation, it often becomes very easy for one or both parents to lose sight of those basic truths – and of the best interests of their children as well.

Serving clients in Fairfax County, VA, and throughout the surrounding counties and cities of Northern Virginia since 1981, Wexell Milman’s experience and focus on family law matters can help you minimize the harmful effects of separation and divorce by keeping you focused on achieving your objectives as they relate to your minor child or children.

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

How Is Child Custody Decided in Virginia?

Virginia’s “Best Interest of the Child” statute is found at Section 20-124.3 of the Code of Virginia. 

In all child custody or visitation disputes, the Court must decide what is in the best interests of the child based upon consideration of these factors:

• The age and physical and mental condition of the child
• The age and physical and mental condition of each parent
• The relationship existing between each parent and each child
• The needs of the child
• The role which each parent has played in the upbringing and care of the child, and the role each will play in the future
• The likelihood of each parent actively supporting the child’s contact and relationship with the other parent and of cooperating in matters affecting the child
• The reasonable preference of the child, if of reasonable intelligence, understanding, age, and experience to express such a preference
• Any family history of domestic violence or abuse
• Other factors as the court deems necessary and proper

What Are the Types of Custody in Virginia?

In Virginia, there are two main types of child custody: legal custody and physical custody. 

Legal Custody

Legal custody refers to the right and responsibility to make important decisions regarding the child's upbringing. These decisions typically include matters related to education, healthcare, religion, and general welfare. There are two subtypes of legal custody:

•  Sole Legal Custody: In this arrangement, one parent is granted the sole authority to make all major decisions concerning the child without consulting the other parent.
• Joint Legal Custody: Joint legal custody is when both parents share the responsibility for making important decisions regarding the child's well-being. They must consult with each other and reach an agreement on matters affecting the child's life.

Physical Custody

Physical custody refers to where the child resides and who has physical care and control of the child. Similar to legal custody, physical custody can be awarded as either:

• Sole Physical Custody: This means that the child primarily resides with one parent, and the other parent may have visitation rights or scheduled parenting time.
• Joint Physical Custody: In joint physical custody, the child spends significant time with both parents, and they share physical care and control of the child. The exact arrangement may vary, and it can be based on an equal time-sharing schedule or one that is more suitable for the child's best interests.

It's important to note that the court's primary consideration in determining child custody is the best interests of the child. The court takes into account various factors, such as the child's age, the parents' ability to provide for the child's needs, the child's relationship with each parent, and any history of abuse or domestic violence. The specific custody arrangement will depend on the circumstances of each case and what the court deems most appropriate for the child's well-being.

Does It Matter Who Files for Custody First in Virginia?

Virginia law does not give the first person to file for custody a legal advantage. The first person to file does become the plaintiff or petitioner. However, it's better to think about the facts of the case before filing rather than any advantage or disadvantage you might imagine from filing first.

When children are involved, families are best served when the parents are able to resolve issues and avoid a courtroom battle. The child custody lawyers at Wexell Milman in Fairfax County are well versed in the various custodial arrangements available to parents, and we will discuss what works best for you.

At the same time, we recognize that there are situations in which an acceptable compromise on child custody & visitation issues cannot be reached through negotiation or mediation. In these custody cases, you can feel confident in the ability of our child custody attorneys to effectively protect your interests during a divorce trial. Our Fairfax child custody lawyers have experience in handling local and interstate child custody litigation, at both the trial and appellate level.

Understanding Your Rights in Child Custody Cases

Navigating the complexities of child custody can be overwhelming, especially during emotionally charged times. It’s crucial to understand your rights as a parent to ensure that your child’s best interests are prioritized. At Wexell Milman, our dedicated team of Fairfax child custody lawyers is committed to empowering you with the knowledge you need to make informed decisions.

Here are some key rights and considerations every parent should be aware of:

• Right to Participate: Both parents have the right to be involved in decisions affecting their child's upbringing, including education, health care, and religious upbringing.
• Right to Fair Representation: You have the right to legal representation to advocate for your interests and those of your child in court.
• Right to Mediation: Many courts encourage mediation as a way to resolve custody disputes amicably. You have the right to request mediation to explore solutions before going to trial.
• Right to Modify Custody Orders: If circumstances change, you have the right to petition the court for a modification of the custody order to better reflect the current situation.
• Right to Privacy: While custody matters are often public, you have the right to request that certain sensitive information be kept confidential.

Understanding these rights can significantly impact the outcome of your custody case. Our experienced attorneys are here to guide you through the process, ensuring that your voice is heard and your rights are protected. 

Creating a Co-Parenting Plan in VA

When it comes to child custody cases, it is important to prioritize the well-being of the children involved. One way to ensure a smooth transition and healthy co-parenting relationship is to create a comprehensive co-parenting plan. Our experienced Fairfax child custody attorneys can help you draft a detailed plan that outlines each parent's responsibilities, visitation schedules, communication guidelines, and decision-making processes.

Benefits of a co-parenting plan include:

• Clear expectations for both parents
• Reduced conflict and misunderstandings
• Promotion of stability and routine for the children
• Flexibility to adjust as needed
• Legal documentation for future reference

Common Mistakes Parents Make When Dealing with Child Custody Issues

When navigating the challenges of child custody, parents can sometimes make mistakes that may jeopardize their case or negatively impact their children.

Here are some common pitfalls to avoid:

• Not Prioritizing the Child's Best Interests: It's crucial for parents to focus on what is best for their child rather than their personal grievances or desires. Emotional decisions can often overshadow what truly benefits the child.
• Lack of Communication and Cooperation with the Other Parent: Failure to effectively communicate and cooperate with the other parent can lead to misunderstandings, conflicts, and a breakdown in co-parenting arrangements.
• Disparaging the Other Parent: Speaking negatively about the other parent in front of the child can cause emotional harm and impact the child's relationship with both parents.
• Ignoring Court Orders: Disregarding court-mandated custody arrangements or visitation schedules can lead to legal consequences and impact future court decisions.
• Using the Child as a Bargaining Chip: Involving the child in disputes or using them to gain leverage in negotiations can be detrimental to their emotional well-being.
• Not Keeping Reliable Records: Failing to document important interactions, communications, and incidents related to custody can hurt your case if evidence is required to support your claims.
• Overlooking the Impact of Social Media: Posting negative comments or inappropriate content on social media can be used against you in court and affect custody outcomes.

How an Experienced Fairfax Attorney Can Help You Avoid These Mistakes

Engaging with a qualified child custody attorney can help you navigate the complexities of custody issues and steer clear of common mistakes. An experienced attorney provides objective advice, focusing on the child's best interests and offering a balanced perspective during emotional times. They facilitate effective communication and cooperation between parents, guiding you in creating amicable co-parenting arrangements. Legal counsel ensures that court orders are understood and followed, averting legal repercussions. An attorney also assists in maintaining thorough records and advises on appropriate behavior, both in personal interactions and on social media. By leveraging their expertise, an attorney can improve the likelihood of a favorable custody arrangement that benefits both you and your child.

Understanding the Emotional Impact of Child Custody Decisions

Navigating child custody matters can be emotionally taxing for both parents and children. It’s essential to recognize that these decisions go beyond legalities; they affect the well-being of your family. At Wexell Milman, we understand the emotional landscape surrounding custody disputes and are here to provide not only legal support but also compassionate guidance.

Here are some insights into the emotional aspects of child custody:

• Children's Well-Being: Children thrive in stable environments. Our attorneys prioritize solutions that foster emotional security and support for your child during this transition.
• Parental Support: We offer resources and recommendations for counseling services that can help you and your co-parent manage stress and communicate effectively.
• Conflict Resolution: Our team emphasizes collaborative approaches to custody arrangements, aiming to reduce conflict and promote cooperative parenting.
• Long-Term Relationships: We advocate for custody solutions that support ongoing relationships between children and both parents, which is crucial for emotional health.

Choosing a child custody lawyer who understands these emotional dynamics can make a significant difference in the outcome of your case. Let Wexell Milman guide you through this challenging time with expertise and empathy. 

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.