Temporary Custody Lawyer Fauquier County, VA
You are sitting in the parking lot of the Fauquier County Juvenile and Domestic Relations District Court on Court Street in Warrenton, your hands gripping the steering wheel. A few days ago, you and your spouse could no longer share a home. Now you need a judge to decide who the children stay with while the divorce works its way through the system. You need a temporary custody order—one that protects your children’s routine, keeps them close to their school in New Baltimore or Marshall, and gives you meaningful time with them. That order will shape the next several months, and you want an experienced lawyer who knows how this courthouse works. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team represent parents in Fauquier County seeking temporary custody under Virginia law. Call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How We Help Parents Secure Temporary Custody in Fauquier County
A temporary custody order—what Virginia law calls pendente lite custody under Va. Code § 20-103—is the court’s arrangement for the children while a divorce or separate custody case is pending. At Law Offices Of SRIS, P.C., we move quickly. We draft and file the motion for pendente lite custody in the Fauquier County Juvenile and Domestic Relations District Court (for standalone custody matters) or the Circuit Court (when custody is part of a divorce case). Then we build a factual case around the ten statutory best-interest factors the judge must weigh under Va. Code § 20-124.3. Whether you are the primary caretaker, the parent most involved in the children’s education at schools served by the county, or the parent best positioned to maintain the children’s ties to their community, we present that story clearly. We also prepare you for what the judge will ask—about your work schedule, your housing, any history of family abuse, and your willingness to support the children’s relationship with the other parent. Our goal: a temporary custody order that puts the children first while preserving your parental role.
What to Expect During a Temporary Custody Proceeding
When we accept your case, we start by gathering the facts: where the children have lived, who has been the primary caregiver, each parent’s work obligations, and any safety concerns. We then file a motion for pendente lite custody and request an expedited hearing. In Fauquier County, the J&DR court typically schedules a pendente lite hearing within 21 to 60 days of the motion. At the hearing, which usually takes place at 6 Court Street, Warrenton, VA, each side presents testimony, documents, and arguments. The judge then applies the ten factors under Va. Code § 20-124.3—including the child’s age, each parent’s physical and mental condition, the existing relationships, and each parent’s willingness to foster a relationship with the other parent—to decide what temporary arrangement serves the child’s best interests. The order usually remains in effect until the final custody determination is made at trial, though it can be modified if circumstances change. We guide you through each step, explaining what the judge is likely to focus on in your specific situation.
What Temporary Custody Means for Your Family
A temporary custody order is not a final award, but it sets the rhythm of daily life for months. It determines where the children sleep each night, who drives them to activities, and how holidays are divided. It can also influence the final custody outcome—judges often view the temporary arrangement as evidence of what works. In Fauquier County, the court may award joint legal custody (shared decision-making on major issues), sole legal custody, joint physical custody, or primary physical custody to one parent with visitation to the other. The judge will consider the child’s reasonable preference if the child is of sufficient age and maturity, and any history of domestic abuse will weigh heavily against the abuser. Because the stakes are so high, going into a pendente lite hearing without a lawyer can be risky. An attorney who understands how the Fauquier County judges apply the factors—and who can present your evidence effectively—can make a material difference in the outcome.
Meet Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., began his legal career as a prosecutor. That experience taught him how to present a case persuasively in court—a skill he now uses on behalf of parents in family law matters. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has handled family law cases across Northern Virginia for decades. Working alongside him is a team of Of Counsel attorneys—all experienced practitioners, none are associates or employees. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. Our Fairfax Location at 4008 Williamsburg Court, Fairfax, VA 22032 serves Fauquier County. We are by appointment only; call (888) 437-7747 to schedule your consultation.
Frequently Asked Questions
What is temporary custody in Virginia?
Temporary custody is a court-ordered arrangement for the care and control of a child while a divorce or separate custody case is pending. Virginia law authorizes the court to enter pendente lite custody orders under Va. Code § 20-103. The order addresses physical custody (where the child lives) and legal custody (who makes major decisions). It is not a final determination, but it governs the parents’ day-to-day responsibilities until the case concludes. A temporary order can be modified if circumstances change or if new evidence emerges.
How does the judge decide temporary custody in Fauquier County?
The judge applies the ten best-interest factors listed in Va. Code § 20-124.3, and the parent seeking temporary custody must show why the requested arrangement serves the child’s immediate needs. The factors include the child’s age and physical condition, each parent’s age and mental health, the existing relationship between parent and child, and each parent’s willingness to support the other parent’s relationship with the child. Evidence of domestic abuse or a parent’s failure to cooperate can significantly affect the judge’s decision. The hearing is typically held at the Fauquier County J&DR District Court or the Circuit Court, both at 6 Court Street, Warrenton, VA.
Do I need a lawyer for a temporary custody hearing?
You are not legally required to have a lawyer, but representing yourself at a pendente lite custody hearing is difficult—especially when the other parent has counsel. The hearing involves evidence, testimony, and legal argument. An experienced attorney knows how to present the facts in a way that aligns with the statutory factors. At Law Offices Of SRIS, P.C., we handle the motion, gather necessary documents, and advocate for an arrangement that protects your children’s stability. Call (888) 437-7747 to discuss your situation.
Can a temporary custody order be changed later?
Yes, a temporary custody order can be modified if there has been a material change in circumstances since the order was entered. For example, if a parent relocates, loses employment, or if new evidence of unfitness arises, the court can adjust the temporary arrangement. To seek a modification, you must file a new motion and go back before the judge. Because the temporary order often influences the eventual permanent custody decision, it is important to try to get the temporary arrangement right the first time.
Family law representation in nearby Northern Virginia counties: Fairfax County | Prince William County | Stafford County | Loudoun County | Arlington County
Primary legal sources: Virginia Code Title 20 — Domestic Relations | Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. Law Offices Of SRIS, P.C. serves clients by appointment at its Fairfax Location, 4008 Williamsburg Court, Fairfax, VA 22032. Call (888) 437-7747.