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Child Custody

Fairfax Child Custody Attorneys

Resolve Virginia Parenting Disputes Effectively

Deciding the custodial arrangement for your children is one of the most difficult issues that parents face during a divorce. The discussion is often emotionally draining for both parents and potentially traumatic for the children. Malinowski Hubbard and our team of experienced Fairfax family lawyers are here to assist you with all matters pertaining to the custody of your children. From the establishment of paternity and initial custody agreements or court orders to modification of custody orders, we can help you navigate the legal process and work towards a fair and effective solution.

We can guide parents through major issues in child custody cases, including:

  • Where the child will reside
  • Visitation of the noncustodial parent
  • Custody arrangements during holidays and school breaks

We understand the sensitive nature of child custody disputes, and we are committed to making sure you and your child's best interests are met. Our firm has established relationships with many experts who can serve as valuable resources in your case, including therapists, psychologists, co-parenting coordinators and more.

Types of Child Custody in Virginia

In Virginia, there are several types of child custody arrangements for families:

  • Sole custody: This is where only one parent (the custodial parent) retains custody of the child. The custodial parent will be responsible for all major decisions regarding the child, including medical, health, education, and lifestyle choices. The non-custodial parent may be able to obtain visitation rights but will otherwise have no rights in raising the child.
  • Joint physical custody: Both parents will share physical and custodial rights to the child. The child will usually split time between both parents.
  • Joint legal custody:This means both parents will be responsible for raising the child and making decisions for the child, even if one child lives with one parent a majority of time. This arrangement is ideal if parents are willing to cooperate and have similar parenting values.

Our Fairfax, VA divorce attorneys can also assist clients with obtaining temporary custody for cases involving domestic violence or other unique scenarios.

Determining Child Custody

Parents are encouraged to work together to come to an agreement about custody arrangements. Otherwise, a court may make that decision for you based on many factors that include:

  • Child's relationship with each parent
  • Parenting abilities of each parent
  • Geographic distance of homes
  • Willingness of parents to cooperate
  • Schedule of parents

Can I Refuse Visitation If Child Support Is Not Paid?

No. Child custody and child support are separate matters. If the other parent does not pay child support, he or she still has the right to custody/visitation. If a parent does refuses custody, he or she may be penalized by the court. Before taking any action for unpaid child support, it is always a good idea to talk to an attorney about your options before taking action.

Guiding You with Skill & Compassion

Our skilled Fairfax divorce lawyers remain on top of the latest in child custody laws. We have successfully represented numerous clients in highly contested custody disputes in court, including third party, child custody, and child relocation matters. Firm founder Christopher Malinowski has widely lectured and published articles on custody issues, and Melanie Hubbard and Amanda Kimble have resolved significant custody matters during their legal careers. From negotiation and mediation all the way through litigation and trial, we can effectively represent you at each juncture.

Request an Initial Consultation

Whether you are facing a highly contested custody dispute or a relatively straightforward custody agreement, our divorce lawyers can provide effective guidance. Serving clients all across Fairfax, Arlington, Prince William, Loudoun, and Stafford counties, we are ready to help.

Talk to a member of our Fairfax child custody team during an initial consultation.

  • “Melanie Hubbard represented me for my visitation and child support modification. She, as was everyone I spoke to there, was incredibly knowledgeable, professional, and thorough throughout the case. Thank you for helping me get more time with my son Melanie.”

  • “When getting a divorce, you want attorneys who can get the job done smoothly and without rancor. Because once you add revenge to the divorce the costs of divorcing can rocket skyward quickly. I worked with Chris Malinowski and he impressed me as that normal, midwestern kind of personality who helps ...”

  • “Expert help and support during an incredibly difficult time. I highly recommend this law firm and their team. They provided excellent guidance on my case, and I would turn to them again in a heartbeat if needed.”

  • “The Malinowski Hubbard firm is among the best, if not the best in the business of family law. If you find yourself in the unfortunate need of their services I could not recommend them more highly. They are first and foremost honest. They evaluate the case and speak with you clearly about it. They ...”

  • “In a difficult divorce situation (like most are), Chris Malinowski had a unique combination of skills. Of course he was extremely competent, knowledgeable and capable in assisting me every step of the way through this life changing situation. But more than that, he had an intuitive, caring nature ...”