A Kinship Guardianship Lawyer Fairfax County helps relatives secure legal custody of a child under Va. Code § 20-124.2. Law Offices Of SRIS, P.C. has 1789+ documented case results in Fairfax County. Mr. Sris personally amended the equitable distribution statute. Consultation by appointment.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-124.2 (official Virginia General Assembly)
Statutory Definition of Kinship Guardianship in Virginia
Kinship guardianship in Virginia allows a relative or family member to obtain legal custody of a child without terminating parental rights. Under Va. Code § 20-124.2, the court considers the best interests of the child, including the child’s relationship with each parent and the proposed guardian. A relative guardianship lawyer Fairfax County can guide you through this process. The statute requires clear and convincing evidence that placement with a parent would be detrimental to the child. A family member guardian lawyer Fairfax County can help you present this evidence effectively. This legal mechanism provides stability for children while preserving family connections.
External Citation Links
For official legal references, consult the Virginia Code Title 20 (Domestic Relations) and the Fairfax County General District Court website. These government sources provide the most current statutory language and court procedures.
- File a petition for custody or guardianship in Fairfax County Juvenile and Domestic Relations Court at 4110 Chain Bridge Road.
- Complete the required home study and background checks through the court’s social services department.
- Attend the preliminary hearing where the court appoints a Guardian ad Litem for the child.
- Participate in mediation if ordered by the court to resolve any disputes with the parents.
- Present evidence at the final hearing showing that placement with the relative serves the child’s best interests.
- Obtain the final order of guardianship, which grants legal custody and decision-making authority.
In Fairfax County, kinship guardianship carries the legal standard of best interests of the child under Va. Code § 20-124.2, with filing fees around $86 for the initial petition.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Failure to return child after visitation | Class 6 Felony | 1-5 years | Up to $2,500 | N/A | Loss of custody rights |
| Interference with guardianship | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | Restitution for legal costs |
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3 (equitable distribution statute). He brings 120+ years of combined firm experience and firm-wide 4,739+ total case results across VA, MD, DC, NJ, and NY.
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location is near the Fairfax County courts at 4110 Chain Bridge Road, accessible via I-66 and Route 50. We serve Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. If you need a kinship guardianship lawyer near Fairfax County, contact us today.
Frequently Asked Questions
How long does a kinship guardianship take in Fairfax County?
Yes. Uncontested cases typically take 2-4 months from filing to final order. Contested cases with disputes from parents can take 6-12 months. The court schedules preliminary hearings within 21-60 days of filing the petition.
Do I need a lawyer for kinship guardianship in Fairfax County?
Yes. While not legally required, having a Kinship Guardianship Lawyer Fairfax County significantly improves your chances of success. The process involves home studies, background checks, and court hearings where legal representation is critical.
Can a grandparent get custody in Fairfax County?
Yes. Grandparents can obtain custody or guardianship if they demonstrate that placement with the parent would be detrimental to the child. The court considers the child’s best interests under Va. Code § 20-124.2, including the existing relationship with the grandparent.
What is the difference between custody and guardianship in Virginia?
It depends. Custody grants full parental rights and responsibilities, while guardianship is a limited legal relationship that does not terminate parental rights. Guardianship is often used when parents are temporarily unable to care for the child but may resume care later.
How much does a kinship guardianship cost in Fairfax County?
It depends. The Circuit Court filing fee is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), and Guardian ad Litem fees ($500-$2,500+). Attorney fees vary based on case complexity.
Can I get child support as a kinship guardian in Fairfax County?
Yes. Kinship guardians can seek child support from the parents under Virginia’s child support guidelines. The court calculates support based on the parents’ combined gross income and the number of children. A relative guardianship lawyer Fairfax County can help file the support petition.
What happens if the parent wants the child back?
It depends. The parent must file a motion to terminate the guardianship and prove that circumstances have changed and that they can now provide proper care. The court will hold a hearing to determine whether returning the child to the parent serves the child’s best interests.
Can a kinship guardian move out of state with the child?
No. A kinship guardian cannot relocate with the child without court approval. Virginia law requires the guardian to obtain permission from the court before moving the child out of state. The court considers the impact on the child’s relationship with parents and other family members.
Related Resources
- Virginia Family Law Lawyer
- Fairfax City Family Law Lawyer
- Falls Church Family Law Lawyer
- Fairfax County Criminal Defense Lawyer
- Fairfax County Personal Injury Lawyer
- Samantha Rae Powers — Family Law Attorney
- Fairfax Office Location
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.