Fairfax Child Custody Attorney

Resolve Parenting Disputes Effectively

Parent with custody 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 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.

Frequently Asked Questions

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

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.

Is It Possible to Regain Custody of a Child?

Unless your child has been adopted, it is possible for you to regain custody after losing it. In order to do so, you must be able to prove to the 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.

Contact us now to schedule an appointment with a Fairfax child custody lawyer!

Questions 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, 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 custody attorney:

Examine your financial resources: The retainer for a child custody attorney 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 child 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 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 child 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, 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 attorneys can provide the effective guidance you need to get through this challenging time.

Guiding You with Skill & Compassion

Parent with custody 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, 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.

Consult a Child Custody Attorney in Fairfax, VA

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

“Ms. Hubbard was by far the best lawyer I'd hired throughout my divorce experience”
M.N.
“Highly Skilled and Supportive!”
Valerie A.
“Extremely competent, knowledgeable and capable in assisting me every step of the way through this life-changing situation. ”
G.E.
“The entire firm is involved in the entire process.”
C.H.
“Expert help and support during an incredibly difficult time.”
E.K.
“Thanks to them, I have primary custody of my children and have the pleasure to tuck them in to bed at least five nights a week.”
A.R.
“They are very compassionate during this difficult time.”
A.S.
“She was compassionate and reasonable.”
C.B.
“I knew I was in good hands and felt that I finally had a lawyer who could think strategy.”
L.G.
“The Malinowski Hubbard firm is among the best, if not the best in the business of family law.”
F.Z.
“Level headed divorce attorneys, who calmly get your divorce done.”
J.G.
“The firm does a fantastic job and is a great advocate for their clients.”
R.S.
“Incredibly knowledgeable, professional, and thorough.”
V.O.
“Melanie Hubbard provided over the top personal and caring services and the fees were much less than I had expected.”
D.R.