Child Custody Lawyer in Manassas

The logistics of a divorce are difficult enough when no children are involved. While issues such as division of assets and debts can get heated and complex, they pale in comparison to deciding who gets primary custody of minor children. If you’re going through a divorce and you and your spouse cannot agree on what living arrangement is best for the kids, it’s important to educate yourself about the different types of custody arrangements. This includes both legal and physical custody.

Types of Custody Definitions

Temporary custody refers to the party with whom the children primarily live at the time of the divorce filing. Temporary custody should not be considered an initial award of custody.

Sole custody means that the children live primarily in only one home. This parent has the right to make decisions regarding the everyday needs of the children.

In a sole custody situation, the parent has primary legal custody as well. This means he or she has the legal right to decide on important matters regarding the children, including where they go to school, type of religious instruction, medical care, discipline, and more.

In a joint custody situation, custody of a child or children is shared by both parents.

Three types of joint custody exist in Virginia. These include:

• Joint legal custody: The children live primarily with one parent, but both have the right to make long-range decisions for them such as education, travel, and medical treatment.
• Shared physical custody: In this scenario, the children have two primary places of residence. They spent approximately equal time with each parent in his or her own home.
• Combination of joint legal and shared physical custody: A variation of the above is where the children stay in the same home and the parents rotate.

Family law courts desire that children have as much access as possible to both parents after a divorce when that is in the child’s best interests. In fact, the best interests of the children take precedence over the desire or wishes of either parent. When they can’t agree on a custody arrangement on their own, a family law court judge will evaluate some or all of the following factors:

• Ability to maintain relationships with other family members: Are the parents willing to help facilitate a relationship between their children and former in-laws or other extended family members? Judges look at who can set aside their own possible discomfort for the benefit of uninterrupted family relationships.
• Financial resources: Does one parent make significantly more than the other so he or she can provide a higher standard of living?
• Fitness: Does each parent have the physical and psychological capacity to care for the children on their own? The judge will carefully consider whether spousal or child abuse has been a factor, even if the latter was not directed at the children in question.
• Individual factors: Family law courts carefully consider the age and gender of each child as well as his or her special health needs. Children who are too young to voice their opinion generally do best when remaining with their primary caregiver. Some children are especially attached to the parent of the same gender, which judges do consider in custody cases.
• Location of each parent: In joint custody arrangements, the proximity of the parents to one another makes a big difference. A judge also considers such things as distance from school, other relatives, and general social circle.
• Preferences of the children: A family court employee may interview children apart from their parents to get a sense of what they prefer. This can occur as young as 9 years old depending on their muturity. The older the children, the more weight a judge will give to their preferences. Children themselves may even be assigned an attorney (a Guardian ad Litem) in highly contested cases.
• Primary caregiver: Which parent currently cares for the children most on a day-to-day basis? This includes such things as bathing, dressing, dropping off at school or daycare, and buying their food and clothes. Do the children seem to turn to one parent over the other for comfort?
• Religious differences: The judge determines if the religious practices of one parent have a negative impact on the children or whether the parents are likely to agree on the type of faith the children should be raised with.
• Time of separation: How long the parents have been separated determines how well the children have acclimated to their current living situation. A judge will carefully consider the impact of a major change.

Visitation When One Parent Has Primary Custody

If one parent receives primary custody of the children, the other parent normally has the right to a liberal visitation schedule. This will be determined by the judge if the parents themselves cannot work it out.

It is rare for Virginia courts to deny visitation rights, even in cases of abuse. In some situations, the non-custodial parent may only be eligible for supervised visitation. This means that his or her interactions with the children must be supervised by an approved third party and can only take place at a certain location and time.

Unmarried Parents

When biological parents were never married, their offspring are assumed to be children of the mother. The father must prove his paternity by acknowledging it in court, testing, marrying the mother and then stating himself as the father, or his open recognition of the children as his. After the court establishes paternity, it can’t show preference to either parent based on gender.

Process of Gaining Child Custody in Virginia

The first step in the process for child custody in Virginia is to file for custody. To file you must address the following:

Residency

Custody is determined by the child’s state of residence. To file for custody in Virginia, the child must have lived in the state for at least 6 consecutive months before filing. If the child has not lived in Virginia for the preceding 6 months you must file for custody in that state.

Schedule An Appointment

You will need to contact your county’s Juvenile and Domestic Relations District Court to see which forms you will need and how to get them. Some forms may be available online, others you will need to collect at the courthouse. Some courts may require you to schedule an appointment to pick them up.

Prepare Your Petition

You will also need to prepare a petition for custody. Your petition should emphasize the factors Virginia uses to determine custody. Virginia family law dictates that judges consider the following when determining custody:

• Child’s age, physical, and mental condition
• Parent’s age, physical, and mental condition
• Parent-child relationships
• Child’s relationships with siblings and extended family
• Parental history as a caregiver
• Parental willingness to support parent-child relations with the other parent
• Child’s preference 
• Any history of family abuse

There are templates available to help you write your petition. A family law attorney, such as those at Olmstead & Olmstead, P.C. will be happy to help you write your petition. Hiring an experienced family law attorney will help ensure the best outcome for your custody case. This is especially important if your case involves domestic abuse or supervised visitation.

Summons

You will need to prepare a summons, which notifies the other parent that you are filing for custody. They must respond by the deadline or the court proceedings may continue without them.

Fees

You will also need to pay any associated fees to complete your filing. If you cannot afford these fees you can ask the court for a waiver.

Serve Papers

A law enforcement officer or process server will need to serve the documents to the other parent. If they live out of state, the court clerk can mail them out. If you do not know where the other parent lives you may need to publish a notice in the newspaper. This shows the court that you made all reasonable attempts to notify the other parent. You will also need to file a document with the court to verify this.

Gaining Child Custody with the Help of Virginia Child Custody Lawyers

Navigating the child custody process in Virginia can be both emotionally and legally complex. Whether you’re going through a divorce, separation, or asserting your rights as a parent, it’s essential to understand how custody is determined and what steps you need to take.

With the guidance of Virginia child custody lawyers, such as those at Olmstead & Olmstead, P.C., you can approach this legal journey with confidence, clarity, and a stronger chance of achieving a favorable outcome.

Step 1: Determining Residency Requirements

Before you can even begin the legal process of filing for custody in Virginia, you need to make sure you meet the residency requirements. According to Virginia family law, the state must be considered the child’s “home state” at the time of filing.

What does that mean?
The child must have lived in Virginia for at least six consecutive months before you can file a custody petition. This requirement ensures that Virginia courts have proper jurisdiction over the case. If your child has recently moved to Virginia from another state and has not yet met the six-month residency requirement, you will need to file for custody in the state where the child previously lived.

In cases involving infants or recent relocations, this rule can be complex. That’s where Virginia child custody lawyers can be especially helpful, as they can assess whether Virginia courts have jurisdiction or advise you on the appropriate legal steps to take if another state is involved.

Step 2: Contacting Your Local Juvenile and Domestic Relations District Court

Once you’ve confirmed that you meet the residency requirement, the next step is reaching out to your local Juvenile and Domestic Relations District Court (J&DR). Each county and city in Virginia has its own J&DR court, and this is the court that handles family law matters, including child custody, visitation, and support.

When you contact the court, you should inquire about:

• Which forms you need to file for custody
• Whether those forms are available online or must be picked up in person
• If you need to schedule an appointment to collect the forms or file your paperwork
• Any applicable filing fees or additional documentation required

In some jurisdictions, especially larger ones, you may be able to find much of this information on the court’s website. However, not all courts are equally digitized, so a phone call or visit may be necessary to gather accurate and up-to-date information.

Step 3: Preparing and Filing Your Custody Petition

The heart of your custody case is the petition for custody. This legal document outlines your request for custody and presents your reasons for seeking it. It’s your opportunity to explain to the court why granting you custody is in the best interest of the child.

In Virginia, custody decisions are not based on parental preferences or convenience—they are based on what the court determines to be in the best interests of the child. This guiding principle shapes every aspect of the custody process.

Key Factors Considered by Virginia Courts

When evaluating a custody petition, Virginia judges refer to several statutory factors laid out in the Virginia Code (§ 20-124.3). These include:

1. The child’s age, physical, and mental condition: This includes the developmental needs of the child and whether each parent can meet them.
2. The parents’ age, physical, and mental condition: The court will consider the parents’ overall ability to care for the child.
3. The existing relationship between each parent and the child: How strong is the bond? Has the parent been actively involved in the child’s life?
4. The child’s relationship with siblings and extended family: Stability in relationships with family members, including siblings, grandparents, or step-siblings, may influence custody.
5. The role of each parent in caregiving: This refers to past behavior—who took the child to medical appointments, attended school functions, or handled day-to-day parenting tasks.
6. Each parent’s willingness to support a relationship with the other parent: Courts want to see cooperation between parents. A parent who tries to alienate the child from the other parent may be viewed unfavorably.
7. The child’s preference (if the child is of sufficient age and maturity): The court may consider the child’s opinion, though this is not always determinative.
8. Any history of family abuse or domestic violence: Safety is paramount. If there is a documented history of abuse, that will weigh heavily in custody decisions.
9. Any other relevant factors: The judge may consider additional elements that relate to the child’s welfare.

When writing your petition, it’s important to structure your request around these considerations. Templates are available online, but these are often very basic. For a stronger case, working with Virginia child custody lawyers ensures your petition clearly aligns with what the court is looking for and is backed by compelling evidence and documentation.

Step 4: Legal Representation and the Importance of Hiring a Custody Lawyer

Although it is legally possible to represent yourself in a child custody case, it is rarely advisable—especially when the stakes are so high. A knowledgeable Virginia child custody attorney can:

• Draft and file your petition with precision
• Help you collect and present evidence (e.g., medical records, school reports, witness statements)
• Represent you during hearings and negotiations
• Advise you on your rights and obligations as a parent
• Advocate for your desired custody arrangement (sole, joint legal, or joint physical custody)
• Navigate difficult cases involving domestic violence, substance abuse, or relocation

For parents dealing with situations such as domestic abuse, supervised visitation, or contested custody, legal representation is even more critical. These cases often involve protective orders, emergency hearings, and court-ordered evaluations—all of which require a sound legal strategy.

At Olmstead & Olmstead, P.C., our family law attorneys are well-versed in all aspects of Virginia custody law. We take a client-centered approach, offering compassion and clarity as we help you fight for your child’s best interests.

Step 5: Attending the Custody Hearing

Once your petition is filed, the court will schedule a custody hearing. Both parents will be given the opportunity to present their case before a judge. You may need to:

• Testify under oath
• Submit documentation or evidence
• Call witnesses, such as teachers, family members, or child psychologists
• Answer questions from the judge or the opposing party’s attorney

The judge may also appoint a guardian ad litem—an attorney appointed to represent the best interests of the child during the proceedings.

Depending on the complexity of the case, the judge may issue a ruling on the day of the hearing or may take additional time to review the evidence and provide a decision later.

Step 6: Understanding Custody Types in Virginia

Virginia recognizes several types of custody:

• Legal Custody: The right to make major decisions about the child’s life (education, health care, religion).
• Physical Custody: Refers to where the child lives and which parent provides daily care.
• Joint Custody: Both parents share decision-making responsibilities and/or physical custody.
• Sole Custody: One parent is granted full legal and/or physical custody, often in cases involving abuse or neglect.

The court will aim to maintain stability and consistency for the child while also ensuring they have ongoing, healthy relationships with both parents, when appropriate.

Building a Strong Custody Case in Virginia

Filing for custody is not just about completing forms—it’s about presenting a compelling case for why your custody arrangement is best for your child. Every family’s situation is unique, and custody decisions can have a lifelong impact on both parents and children.

With the legal experience and compassionate advocacy of Virginia child custody lawyers like those at Olmstead & Olmstead, P.C., you can move forward with confidence, knowing you have the support you need during this critical time. Whether you’re pursuing joint custody, seeking sole custody due to safety concerns, or modifying an existing order, professional guidance can make all the difference.

Get Help with Your Virginia Child Custody Case Today

At Olmstead & Olmstead, P.C., we understand that disputed custody is one of the most stressful situations Virginia parents can face. We are here to fight for the best interests of you and your children. Please contact our office today to schedule a confidential review of your child custody case.