Fairfax Child Custody Attorney
Proudly Fighting To Help Conflict & Resolve Parenting Disputes Effectively
With Years of Experience
The discussion is often emotionally draining for any parent and potentially
traumatic for the children.
Malinowski Hubbard and our team of
experienced child custody lawyers serving Fairfax, VA 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
modification of custody orders, we can help you work towards a fair resolution.
Should I Hire a Lawyer for Child Custody?
Yes you should hire a lawyer for child custody cases for specific situations
that require legal counsel. A child custody lawyer can be an essential
advocate, particularly in difficult or complicated situations involving
abuse or unique facts.
Hiring a lawyer may affect the outcome of your custody case where knowledge
of the law is essential.
What Do Judges Look For In Child Custody Cases?
If parents can find a solution that works for both of them but, more importantly,
is in the best interest of their child(ren), then they can provide that
solution to a judge and avoid a Fairfax courtroom battle.
Unfortunately, that is a rare outcome.
Is Virginia a Mother State for Custody?
Virginia Code § 20-124.3, the VA court is legally required to decide child custody and visitation
in the child's best interests. The Virginia law gives no presumption or
preferences towards mothers in custody cases despite any common misconception.
Contact us to consult a
child custody attorney in Fairfax – call (703) 935-4222 today! Our firm serves all of Northern Virginia.
Why Choose Our Child Custody Lawyers in Fairfax, VA?
We can guide parents through major issues in
child custody cases, including:
- Where the child(ren) will reside
- Visitation of the noncustodial parent
- Custody arrangements during holidays and school breaks
At Malinowski Hubbard,
our team of child custody lawyers in Fairfax, VA, understand the sensitive nature of
child custody disputes, and we are committed to working with you toward the mutual goal of ensuring
you and your child's best interests are met.
Our law firm has established relationships with many experts in
family law who can serve as valuable resources in your case, including therapists,
psychologists, co-parenting coordinators and more.
What Are The 3 Types of Custody in Fairfax, VA?
Deciding the custodial arrangement for your children is one of the most
difficult issues that any spouse faces during a
divorce or break up with the other ex spouse.
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(ren). The custodial parent with sole custody, will be responsible
for all major decisions regarding the child, including medical, 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(ren).
The child(ren) will usually split time between both parents.
Joint legal custody: This means both parents will be responsible for raising the child(ren)
and making decisions for the child, even if the child lives with one spouse
a majority of time.
This arrangement for joint legal custody, is ideal if parents are willing
to cooperate with similar parenting values and
spousal support for one another.
What Does Best Interests of the Child Mean?
Parents are encouraged to work together to come to an agreement about custody
arrangements for their children. Otherwise, a VA court may make decisions
based on the best interests of the child(ren).
These factors may include:
- Parents' schedules
- Willingness of parents to cooperate
- Child's relationship with each parent
- Parents’ willingness to foster the child’s relationship with
the other parent
- Parenting abilities of each parent Geographic distance between the parents’ homes
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
refuse custody, he or she may be penalized by the court, including a possible
modification of custody in VA. Before taking any action due to
unpaid child support, it is always a good idea to call one of our Fairfax child custody lawyers
for a consultation about your options.
Is It Possible to Regain Custody of a Child?
Unless your child has been
adopted, it is possible for you to regain legal custody after losing it. In order
to do so, you must be able to prove to a VA court that you had a substantial
change in circumstances that now qualifies you for custody rights. Regaining
custody isn’t easy, but you can certainly
petition the court for a modification.
What Do Judges Look For In Child Custody Cases?
The judge will determine the custody arrangement that best suits the child’s
needs, based on a variety of factors. Factors include food, shelter, clothing,
medical care, education, emotional support, and parental guidance.
Contact us now to schedule a consultation with a
Fairfax child custody lawyer!
Steps To Consider Before Hiring A Child Custody Attorney
When it comes to your children, there is no greater priority in life and
you always want to be sure you are making the right decisions for them.
If you are
currently involved in a custody battle in Fairfax, you might be asking what the best choice is for them.
Keep in mind that your children’s best interests are at stake and
your decision must ultimately be based on what most effectively protects
and serves their needs.
To set you on the right path, consider some of these crucial factors before
hiring a Fairfax family law attorney:
Examine your financial resources: The retainer for child custody lawyers can vary. Incredibly complex cases
that take a substantial amount of time will be more costly than a straightforward
case that will not take long to settle. Ask an attorney about the anticipated costs.
The complexity of your case: It is always wise to obtain the legal representation of a child custody
attorney, but if your case is particularly complicated, it is downright
necessary. If you have an interstate custody case, for example, this is
typically considered complex and you will be in need of effective legal
assistance, preferably someone who has experience in handling similar cases.
Look into the attorney’s reputation and track record: Remember, you are fighting for your children. Ask if they have handled
similar cases and what their track record for winning is. Do not hesitate
to ask for references. A good attorney with experience in family law will
understand and happily oblige any and all of your questions. Even if you
are eligible for low-cost or free representation, you still have every
right to be picky regarding your attorney’s reputation. Feel free
to also ask about their strategy and how they plan to win your child custody case.
Ultimately, you should take the time to be thorough throughout every step
of decision-making in your custody case.
You do not want to make any missteps when it comes to something this important.
Malinowski Hubbard, PLLC has established relationships with experts in Fairfax, VA, such as therapists,
psychologists, and co-parenting coordinators, who serve as valuable resources on cases.
Regardless if your case is fraught with tension and legal obstacles or
is relatively straightforward and amicable,
our child custody lawyers serving Fairfax can provide the effective guidance you need to get through this challenging time.
Guiding You with Skill & Compassion
Our skilled Fairfax child custody lawyers remain on top of the latest custody
laws in VA.
family law attorneys of Malinowski Hubbard, PLLC, have successfully represented numerous clients in highly contested custody
disputes in court, including
child custody and
child relocation matters. Firm founder
Christopher Malinowski has widely lectured and published articles on custody issues, and
Melanie Hubbard, Joseph Menze, and Jennifer Gregg have resolved significant custody matters
during their legal careers practicing
family law. From negotiation and mediation all the way through litigation and trial,
our experienced family law attorneys can effectively represent you at
child custody lawyers in Fairfax, can also assist clients with obtaining temporary
emergency custody for cases involving
domestic violence or other unique scenarios in VA.
Consult A Child Custody Attorney in Fairfax, VA
Whether you are facing a highly contested dispute or a relatively straightforward
custody agreement, our family law lawyers can provide effective guidance.
Serving clients across Fairfax, Arlington, Prince William, Loudoun, and
Stafford counties, and the City of Alexandria, VA, we are ready to help.
Talk to a family law lawyer in Fairfax, VA by calling
(703) 935-4222 to
contact us to schedule your initial consultation!