Fairfax Child Custody & Visitation Attorneys
Protecting your relationship with your children, with steady guidance through every step.
Call (703) 938-5100Request a ConsultationHablamos español · Serving Northern Virginia since 1972
Fairfax County Child Custody & Visitation
Custody Matters in Fairfax County
Few legal matters are as personal as child custody. Whether you are separating, divorcing or seeking to change an existing order, our family law attorneys help Fairfax parents understand their options and pursue arrangements that serve their children.
Custody and visitation cases in Fairfax are typically heard in the Fairfax County Juvenile and Domestic Relations District Court, or in the Circuit Court as part of a divorce.
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How Virginia Courts Decide Custody
Virginia courts decide custody based on the best interests of the child. Judges consider factors such as:
Parent–Child Relationship
Each parent’s relationship with the child and role in the child’s upbringing.
The Child’s Needs
The child’s age, needs and physical and mental condition.
Co-Parenting
Each parent’s willingness to support the child’s relationship with the other parent.
The Child’s Preference
The child’s reasonable preference, depending on age and maturity.
Safety
Any history of family abuse.
Custody Services We Provide
Our Approach
We aim to resolve custody matters through negotiation or mediation where possible, because agreements are often less costly and less stressful for children. When agreement is not possible, we prepare thoroughly for court.
Learn more about our Family Law practice.
Your Fairfax Custody Team
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Why Clients Choose Tate Bywater
Fairfax Custody FAQs
Does Virginia favor mothers in custody cases?
No. Virginia law does not presume that either parent is entitled to custody. The court focuses on the best interests of the child.
At what age can my child choose where to live?
There is no set age in Virginia. A child’s reasonable preference is one factor the court considers, and the weight it receives depends on the child’s age and maturity.
Can a custody order be changed?
Yes. A court can modify custody or visitation when there has been a material change in circumstances and the change is in the child’s best interests.
What is the difference between legal and physical custody?
Legal custody concerns decision-making for the child, such as education and medical care. Physical custody concerns where the child primarily lives.
Do we have to go to court?
Not always. Many parents reach agreements through negotiation or mediation, which the court can then enter as an order.
Talk with a Fairfax custody attorney.
Call now or send us a message to schedule a consultation.
Call (703) 938-5100Request a ConsultationHablamos español. · Tate Bywater · 2740 Chain Bridge Road, Vienna, VA 22181
The information on this page is general information and is not legal advice. Contacting us does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Every case is different.