Child Custody Attorney in Fairfax, VA

Legal custody refers to the right to make major decisions about your child’s life — education, healthcare, and religious upbringing. There are two types of legal custody: sole legal custody, where one parent has the exclusive right to make those decisions, and joint legal custody, where both parents consult with each other to make major decisions about the child’s life together.

Physical custody refers to where the child lives. It can be shared physical custody, where both parents have almost equal time with the children throughout the year, or one parent can be designated the custodial parent — where the children live most of the time — while the other parent is the non-custodial parent with scheduled visitation. Virginia courts strongly prefer joint legal custody where parents can cooperate, but physical custody arrangements vary widely based on each family’s circumstances. For details on what arrangement may be right for your situation, consult with an attorney.

Virginia courts apply the best interests of the child standard, considering each parent’s relationship with the child, the child’s age and needs, each parent’s work schedule and living situation, any history of domestic violence, and — for older children — the child’s own preference.

Virginia does not set a specific age. However, judges give weight to the preferences of older, more mature children (typically teenagers) as one factor among many. The child’s preference is not binding on the court.

A Guardian ad Litem (GAL) is an attorney appointed by the court to represent the child’s best interests, separate from either parent’s attorney. The GAL investigates the family situation and makes recommendations to the court.

Yes. Either parent can petition for modification if there has been a material change in circumstances — such as a relocation, job change, or significant change in the child’s needs. The court will again apply the best interests standard.

You can file a motion for contempt. Do not retaliate by withholding your co-parent’s visitation — this can hurt your own position. Document every violation and contact us promptly.

Custody cases are among the most high-stakes legal matters a person can face, with long-lasting consequences for both parents and children. While you are not legally required to have an attorney, having experienced legal representation significantly improves your ability to present your case effectively and protect your parental rights. Ms. Khan will be happy to talk to you about your specific situation and guide you accordingly.