Do I Choose Fairfax & DR Court or Fairfax Circuit Court to Litigate My Custody and Support Issues?

Fairfax, VA family law attorneys are often approached by their clients and potential clients as to whether their child support, custody, and visitation issues should be decided in the Fairfax Circuit Court or the Fairfax County Juvenile and Domestic Relations District Court (J&DR Court). While the fact that they even have a choice may be confusing to those who aren’t familiar with the Virginia family court system. Reputable family law attorneys are familiar with the pros and cons of these two different jurisdictions.

The two courts have concurrent jurisdiction over matters relating to children, like custody, support, and visitation. While the circuit court is the higher of the two courts and will sometimes hear appeals from those who wish to appeal/contest a Juvenile and Domestic Relations District Court ruling, they only have jurisdiction in certain instances:

• In cases of child support, custody, and visitation resulting from a divorce (as opposed to a situation where the parents are unmarried or not seeking a divorce)
• Where there is a suit for separate maintenance (spousal support/alimony)
• Where there is an appeal action from the J&DR Court

In these other cases, the Juvenile and Domestic Relations District Court has jurisdiction:

• Child support, custody, and visitation cases where the parents are not married and/or no one has filed a divorce yet
• Support, custody, and visitation cases where the parents are married, but have filed for divorce but have not set down a temporary hearing for any one of these issues to be heard within 21 days of filing in the circuit court

All rulings of the Fairfax J&DR court can be appealed in the Fairfax County Circuit Court. However, the Juvenile and Domestic Relations District Court can enforce its ruling while the parties are awaiting the results of the appeal in the higher court. In these instances, the J&DR court cannot make any further rulings on custody or support once the appeal has been filed. In certain instances, the circuit court can refer child custody, visitation, and support cases back to the Fairfax J&DR court regardless of whether or not the interested parties have filed for divorce.

Deciding which court you should bring your child custody, support, or visitation case before is a matter that should be discussed with a reputable, competent Fairfax, Virginia family law and divorce attorney. Decisions the should be weighed into your decision should include your available money for litigation, urgency, whether you want to have a second chance after a first hearing to do it again, and your knowledge of the judges you might confront in each different court. Your lawyer will be able to guide you as to which of the two courts would give you a better shot at achieving your goals.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a divorce attorney? Do you have questions about litigation of custody and support issues in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.