A Fairfax family law attorney handles the matters that arise around a family rather than only the divorce itself: custody, visitation, child support, spousal support, and modification of orders already in place. In Fairfax County these cases are often heard in the Juvenile and Domestic Relations District Court rather than the Circuit Court, and custody is decided by applying the ten best-interests factors set out in Virginia Code § 20-124.3 — there is no presumption in favor of either parent or of any particular schedule. Randall J. Borden has argued these factors in the Fairfax courts for more than thirty years and takes every case personally.
If your situation is specifically about ending a marriage, our Fairfax divorce lawyer page covers the divorce process, residency and separation periods. This page is about custody, support and the orders that follow.
Which Fairfax court hears your family law case
Fairfax County has two courts that matter here, and knowing which one you are in changes what to expect.
The Fairfax County Juvenile and Domestic Relations District Court hears petitions for custody, visitation and support brought outside a divorce suit, along with protective order matters. It is generally faster and less formal, and it is where most standalone custody cases begin.
The Fairfax Circuit Court at 4110 Chain Bridge Road hears divorce suits, and decides custody and support as part of a divorce. It also hears appeals from the Juvenile and Domestic Relations District Court, where the case is heard afresh rather than reviewed on the record.
That appeal route is worth understanding before your first hearing. A disappointing result in the district court is not necessarily final, but the timeline for appealing is short and unforgiving.
How Fairfax judges actually decide custody
Virginia Code § 20-124.3 requires the court to consider ten factors in determining the best interests of the child:
- The age and physical and mental condition of the child, with consideration of changing developmental needs
- The age and physical and mental condition of each parent
- The relationship between each parent and the child, including each parent's ability to meet the child's emotional, intellectual and physical needs
- The needs of the child, including relationships with siblings, peers and extended family
- The role each parent has played, and will play in the future, in the upbringing and care of the child
- Each parent's willingness to support the child's contact and relationship with the other parent, including any history of denying visitation
- Each parent's willingness and demonstrated ability to maintain a close relationship with the child and to cooperate in matters affecting the child
- The reasonable preference of the child, where the court finds the child old enough and capable enough to express one
- Any history of family abuse, sexual abuse, child abuse or acts of violence within the ten years before the petition was filed
- Any other factors the court considers necessary and proper
Two of these decide more Fairfax cases than the rest. The sixth and seventh factors — willingness to support the child's relationship with the other parent, and ability to cooperate — are where parents most often damage their own case. Withholding a weekend, refusing to communicate about school, or using a child to relay messages all speak directly to those factors, and judges notice.
Legal custody and physical custody are different things
Clients frequently use "custody" to mean only where the child sleeps. Virginia separates two questions. Legal custody concerns who makes major decisions about education, health care and religious upbringing. Physical custody concerns where the child actually lives and the schedule between parents.
The two are decided independently. Parents can share legal custody while one has primary physical custody, and an arrangement that works for decision-making may be wrong for the day-to-day schedule. Being explicit about which you are asking for — and why — is more persuasive than asking for "custody" generally.
Child support in Fairfax
Virginia calculates child support from a statutory guideline applied to the parents' combined gross income, then adjusts for the custody arrangement, health insurance premiums for the child, and work-related childcare costs. The guideline figure is presumed correct, though a court may deviate from it for reasons it must state.
Most genuine Fairfax support disputes are not about the formula. They are about what counts as income — bonuses, contract work, stock that vests, self-employment income routed through a business, or a parent who has voluntarily reduced their earnings. For a fuller explanation see how child support is calculated in Virginia.
Changing an order that no longer fits
Custody and support orders are not permanent. Virginia allows modification where there has been a material change in circumstances since the last order, and where the change warrants a different arrangement in the child's best interests.
A new job with different hours, a relocation, a substantial change in either parent's income, a child's changing needs as they get older, or a parent's conduct can all qualify. Dissatisfaction with the existing order does not. If a parent intends to move with a child, Virginia requires advance notice — see child relocation after a Virginia custody order. If a co-parent is ignoring an order, see steps to take when a co-parent violates a custody order.
What we handle for Fairfax families
- Child custody and visitation, including contested cases
- Child support, establishment and enforcement
- Spousal support
- Modification of existing custody and support orders
- Divorce and property division
- Prenuptial agreements
- Family law mediation
- Annulment
We serve families throughout Fairfax County, including Fairfax, Vienna, McLean, Reston, Herndon and Burke.
Fairfax custody and support questions
Does Virginia favor mothers in custody cases?
No. Virginia law contains no presumption in favor of either parent. The court applies the ten best-interests factors to the evidence before it.
At what age can my child choose which parent to live with?
There is no age at which a child decides. The court may consider a child's reasonable preference where it finds the child of sufficient age, intelligence, understanding and experience to express one. It is one factor among ten, not a decision handed to the child.
Will I get fifty-fifty custody?
Possibly, but it is not a default. Virginia has no presumption in favor of equal time. Shared arrangements often work well where parents live close together, communicate adequately and the schedule genuinely suits the child.
Can I stop paying support if I am denied visitation?
No. Support and visitation are separate obligations, and withholding support is itself a violation that will damage your position. The remedy for denied visitation is enforcement, not self-help.
My ex earns cash and understates income. What can be done?
This is common and addressable. Income can be established through discovery, tax records, lifestyle evidence and, where appropriate, imputation of income where a parent is voluntarily underemployed.
Do we need a court order if we agree?
Yes, if you want it enforceable. An informal arrangement gives you nothing to rely on if the other parent changes their mind, and no mechanism beyond starting from scratch.
Speak with a Fairfax family law attorney
Randall J. Borden is a University of Virginia School of Law graduate, admitted in Virginia and Maryland, practicing from 10627 Jones Street, Suite 201A in Fairfax since 1995. Call 703-385-8722 or contact the office. See also our Northern Virginia overview.