No. A parent cannot refuse or cut-back visitation between the child and the other parent if that parent has not paid child support. Child support and visitation are completely different issues. In fact, under Virginia Code Section 20-108, intentional withholding of visitation without a sufficient reason may constitute a material change in circumstance justifying change of custody.
Virginia law offers both no-fault and fault grounds for divorce. No-fault divorce is based on the parties being separated for a period of one year or more (or six months if the parties do not have any minor children and have a fully signed separation agreement). Fault grounds include adultery, cruelty, desertion, and incarceration for felony of more than one year. For more information see our General Guide to Virginia Divorce Law.
A child’s preference is only one of many factors the court looks at when deciding custody issues. Therefore, just because a child may want to live with one parent, does not mean that the court will award custody to that parent. The court considers numerous factors, including the preference of the child, to decide custody.
In Fairfax, Virginia, child custody decisions are based primarily on the “best interests of the child” standard. Virginia courts consider multiple factors, including each parent’s relationship with the child, the child’s needs, each parent’s ability to provide a stable home environment, and the willingness of each parent to support the child’s relationship with the other parent. Fairfax County judges typically favor arrangements that allow children to maintain meaningful relationships with both parents when possible. At Raheen Family Law, our Fairfax child custody attorneys help parents navigate this complex process, presenting compelling evidence to support custody arrangements that protect your children’swell-being while preserving your parental rights.
An uncontested divorce in Virginia means both spouses agree on all major issues including property division, child custody, child support, and spousal support (alimony). This type of divorce is typically faster, less expensive, and less emotionally taxing. A contested divorce occurs when spouses cannot reach agreement on one or more key issues, requiring court intervention. In Fairfax County, contested divorces often involve litigation, discovery processes, and potentially trial. Even in contested cases, our Fairfax divorce lawyers work to negotiate settlements when possible, while preparing thoroughly to advocate for your interests in court when necessary. Virginia law requires a separation period before filing for divorce: 6 months for uncontested divorces with no minor children, and 12 months for contested divorces or when minor children are involved.
Child support in Fairfax, Virginia is calculated using the Virginia Child Support Guidelines, which consider both parents’ gross incomes, work-related childcare expenses, health insurance costs for the children, and the custodial arrangement. For shared custody situations (where a parent has the child for more than 90 days per year), a different calculation applies that accounts for the time spent with each parent. While these guidelines provide a starting point, Fairfax County judges may deviate from them based on factors such as extraordinary medical expenses, educational needs, or other special circumstances. Our Fairfax family law attorneys can help you understand how these calculations apply to your specific situation and advocate for fair child support arrangements that provide for your children’s needs.
There is no minimum marriage length requirement to receive spousal support (alimony) in Virginia, but the duration of the marriage significantly impacts both eligibility and the amount awarded. For short-term marriages (typically under 5 years), Fairfax courts may award temporary support to help the lower-earning spouse transition to self-sufficiency. For medium-length marriages (5-20 years), support may be awarded for a defined period. For long-term marriages (20+ years), permanent support is more likely. Virginia courts consider numerous factors when determining alimony, including each spouse’s financial needs, earning capacity, contributions to the marriage, and the standard of living established during the marriage. Our experienced Fairfax spousal support attorneys can help you understand your rights and obligations regarding alimony in your specific circumstances.
When hiring a family law attorney in Fairfax, VA, look for someone with specific experience in Virginia family law and familiarity with Fairfax County courts and judges. The best family law attorneys combine legal expertise with compassionate client service and strong negotiation skills. Consider their track record in cases similar to yours, their communication style, fee structure, and availability. A good Fairfax family lawyer should clearly explain your legal options, potential outcomes, and develop strategies tailored to your specific goals. At Raheen Family Law, our attorneys bring extensive experience in Fairfax family courts, a client-centered approach, and a commitment to achieving favorable resolutions while minimizing conflict whenever possible. We offer consultations to help you determine if our firm is the right fit for your family law needs in Northern Virginia.