Fauquier County Temporary Custody Lawyer — How Do You Secure an Emergency Order?
A temporary custody order in Fauquier County, governed by Va. Code § 20-124.2, establishes immediate child arrangements during a pending case. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. If you need a temporary custody lawyer near me Fauquier County, our team provides urgent representation. Call for a 24/7 consultation.
Last verified: April 2026 | Fauquier County Juvenile and Domestic Relations District Court | Virginia General Assembly
Virginia Law on Temporary Custody
Temporary custody, or pendente lite custody, is a court order that sets custody, visitation, and support while a divorce or custody case is pending. The legal standard is the “best interests of the child,” as defined by Va. Code § 20-124.3. The court considers factors like each parent’s role, the child’s needs, and any history of family abuse. These orders are temporary but set a critical precedent for final hearings.
Official Legal Resources
- Virginia Code Title 20, Chapter 6.1 (Custody and Visitation)
- Fauquier County Juvenile and Domestic Relations District Court
Local Process for Temporary Custody in Fauquier County
Fauquier County Juvenile and Domestic Relations District Court handles all standalone temporary custody matters. The process often moves quickly, especially for emergency petitions alleging immediate harm to the child. An affordable temporary custody lawyer Fauquier County can file the necessary motion and schedule a prompt hearing.
- File a Petition: File a Petition for Custody or a Motion for Pendente Lite Relief with the Fauquier County J&DR Court clerk.
- Serve the Other Party: Ensure the other parent is properly served with the petition and notice of hearing.
- Attend the Hearing: Present evidence and testimony to the judge regarding the child’s best interests.
- Obtain the Order: The judge will issue a written temporary order detailing custody, visitation, and often child support.
Why Choose Our Firm for Your Custody Case
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in family law. We focus on clear strategy and strong advocacy in Fauquier County courts.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Fauquier County
Our firm has 73 documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. In family law matters, our representation by attorney Samantha Powers focuses on achieving stable, child-focused arrangements.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fauquier County Temporary Custody Lawyer
Our Fairfax location serves clients at the Fauquier County courts. We are accessible via I-66, Route 29, and Route 17, serving Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. For a temporary custody lawyer near me Fauquier County, contact us today.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the difference between temporary and permanent custody?
Temporary custody is a short-term order during a case; permanent custody is the final order that remains until the child turns 18 or circumstances change significantly.
How quickly can I get a temporary custody order in Fauquier County?
It depends. For emergency ex parte orders, a hearing can be within days. For standard pendente lite motions, a hearing is typically set within 21-60 days of filing, depending on the Fauquier County J&DR Court’s docket.
Can I get temporary custody without filing for divorce?
Yes. You can file a standalone custody petition in Juvenile and Domestic Relations Court without a divorce case if the parents are not married.
What factors do Fauquier County judges consider for temporary custody?
Judges apply the “best interests of the child” factors in Va. Code § 20-124.3, focusing on each parent’s role, the child’s adjustment, and the child’s physical and emotional needs.
Can a temporary custody order be changed?
Yes. Either parent can ask the court to modify a temporary order by showing a material change in circumstances affecting the child’s best interests.
Related Legal Help in Fauquier County
If you need other legal services, we also assist with criminal defense, DUI defense, and family law in Fairfax County. For more information on Virginia custody law, visit our Virginia family law hub.