Family Law and Divorce Attorneys in Virginia
Caring and Experienced Child Custody Attorneys Protecting Your Rights At Every Turn

Fairfax Child Custody Attorneys

Resolve Parenting Disputes Effectively

The discussion is often emotionally draining for both parents and potentially traumatic for the children. Malinowski Hubbard and our team of experienced Fairfax child custody 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 work towards a fair resolution.

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 working with you toward the mutual goal of ensuring you and your child's best interests are met. Our firm has established relationships with many experts in family law and divorce who can serve as valuable resources in your case, including therapists, psychologists, co-parenting coordinators and more.

Types of Child Custody in Virginia

Deciding the custodial arrangement for your children is one of the most difficult issues that parents face during a divorce or break up with the other parent.

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, 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 the child lives with one parent a majority of time. This arrangement is ideal if parents are willing to cooperate and have similar parenting values.

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. Before taking any action due to unpaid child support, it is always a good idea to talk to an attorney about your options.

Guiding You with Skill & Compassion

Our skilled Fairfax child custody 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, Amanda Kimble, Joseph Menze, and Jennifer Gregg 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.

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

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 court may make decisions based on the best interests of the child.

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

Request an Initial Consultation

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

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

Read What Our Clients Are Saying About Us

  • “Level headed divorce attorneys, who calmly get your divorce done.”


  • “Expert help and support during an incredibly difficult time.”


  • “Incredibly knowledgeable, professional, and thorough.”


  • “The firm does a fantastic job and is a great advocate for their clients.”


  • “Extremely competent, knowledgeable and capable in assisting me every step of the way through this life-changing situation. ”


  • “The Malinowski Hubbard firm is among the best, if not the best in the business of family law.”


Why Malinowski Hubbard?

Malinowski Hubbard is committed to providing:
  • Compassionate, Hands-On Guidance

  • Tenacious Courtroom

  • Effective Solutions Tailored to Each Client

  • Honest Advice, Accessible Communication