Practicing since 1997

A custody case is decided on a record,
not on how strongly you feel.

Every parent is certain they are the better parent. That certainty is not evidence. We represent parents in custody, visitation, support, modification and relocation matters in Virginia, Maryland, the District of Columbia, New Jersey and New York.

Consultations are by appointment. Please do not send detailed case information through this website.

Law Offices Of SRIS, P.C. — child custody representation
5jurisdictions — Virginia, Maryland, D.C., New Jersey, New York
Since 1997Firm established
Former prosecutorsOn the team
CPS & protective ordersParallel-track experience
Hague & UCCJEAInterstate & international

What a custody order actually decides

The order you leave with is the one you live under until you can meet the standard for changing it. Six things it settles:

Results may vary.

Legal custody

Authority over schooling, non-emergency medical care, mental health treatment, religious upbringing — whether you are consulted or merely informed.

Physical custody & schedule

Where the child lives, and the exact allocation of weekdays, weekends, holidays, breaks and summers. Vagueness produces conflict later.

Decision-making mechanics

What happens at deadlock. Orders that anticipate it keep parents out of court; orders that don't bring them back.

Support

Calculated by guideline in each jurisdiction, with the parenting schedule as an input in several of them.

Communication & exchanges

How parents communicate, where exchanges happen, travel notice, and what happens when someone is late.

Relocation & modification

Notice required before either parent may move, and the material change in circumstances required to change anything.

Practice

Matters we handle

Discuss your matter → (888) 437-7747
01

Initial custody and visitation

First orders establishing legal custody, physical custody and a parenting schedule — after a separation, a divorce, or between parents who were never married.

02

Custody within a divorce

Where custody is decided alongside property, support and the dissolution. The procedural posture differs from a standalone petition, and in several jurisdictions so does the court.

03

Modification

Petitions to change an existing order on a material change in circumstances — relocation, a changed work schedule, a change in the child's needs or in either household.

04

Relocation

Where one parent proposes to move with the child. Notice requirements and burdens differ across the five jurisdictions, and moving early can be severe.

05

Enforcement and contempt

An order in place and not being followed — denied parenting time, unilateral schedule changes, withheld information, unpaid support.

06

Child support

Establishment, modification, enforcement, arrears, and the treatment of income that is variable, self-reported or disputed.

07

Paternity and parentage

Establishing legal parentage — ordinarily the precondition to any custody or visitation right for an unmarried father.

08

Third-party and non-parent custody

Petitions by grandparents and other non-parents face a materially higher standard and turn on threshold questions before best interests is reached.

09

Interstate custody and jurisdiction

Which state has authority to decide under the UCCJEA, and enforcement of an order entered elsewhere. Jurisdiction is decided before the merits.

10

Abuse and protective orders

Custody proceedings running alongside a protective order case or a CPS investigation — separate tracks, different standards, each affecting the other.

The Hague Convention does not apply everywhere

Whether the 1980 Hague Convention applies depends entirely on the country involved. India, for example, is not a party. Where it does not apply, the return mechanism is unavailable and the matter proceeds under that country's domestic law. Status should be confirmed against the U.S. Department of State's published list before any strategy depends on it.

Procedure

How a custody case moves

STEP 1

Filing

A petition is filed in the court with jurisdiction and the other parent is formally served. In several jurisdictions the family court is a distinct court with its own procedure.

STEP 2

Temporary orders

A court can enter a temporary custody, visitation and support arrangement while the case is pending. It often becomes the later reference point.

STEP 3

Discovery

Written questions, document requests and depositions. Financial, school and medical records and communications between the parents are the usual material.

STEP 4

Mediation / ADR

Most courts direct parents to mediation or a settlement conference first. An agreement here gives parents control over terms a court would otherwise set.

STEP 5

Investigation

In contested cases a court may appoint a guardian ad litem to represent the child's interests, order a custody evaluation, or both.

STEP 6

Hearing or trial

Evidence, witnesses and argument before a judge. Custody matters are decided by the court rather than a jury.

STEP 7

Order and after

A final order issues. Appeal deadlines are short. Modification later requires a material change in circumstances.

Preparing your case

What courts commonly examine

General information only. It is not legal advice and does not address the circumstances of any particular case.

Assume everything will be read aloud. Every message, post and voicemail may be exhibited — including messages to third parties about the other parent.

Document involvement contemporaneously

A log kept as things happen — pickups, appointments, homework, bedtimes — carries more weight than a reconstruction assembled before a hearing.

Keep the records that already exist

School and medical records, report cards, attendance, appointment confirmations, receipts for the child's expenses.

Put communication in writing

Email or a co-parenting application creates a record. Keep it brief, logistical, and about the child.

Follow the order exactly — even when the other parent does not

Document each violation and take it to the court. Self-help tends to damage the position of the parent who resorts to it.

Do not involve the child

Do not discuss the case with the child, question the child about the other household, or use the child to carry messages.

Support the child's relationship with the other parent

It appears among the statutory factors, and it is among the few things a parent can visibly affect while a case is pending.

Prepare the household

A dedicated sleeping space, appropriate supplies, a workable routine. Expect an evaluator or guardian ad litem may visit.

Identify firsthand witnesses

Teachers, coaches, childcare providers, neighbors — people who have observed the parenting, not people who will vouch for character.

Avoid

Mistakes that damage a custody position

Self-help

Withholding the child over unpaid support, or stopping support over denied time, converts one party's violation into two.

Moving first, asking later

Relocating before satisfying notice or consent can result in an order to return and a lasting credibility problem.

Litigating through the child

Every message the child carries becomes evidence about the parent who did it.

Treating the temporary order as temporary

Arrangements that function for months acquire weight as the status quo.

Recording without knowing the law

Recording rules differ by jurisdiction; an unlawful recording can create criminal exposure and be excluded anyway.

Introducing a new relationship early

How and when a new relationship is introduced to the child is a recurring issue in contested cases.

Missing the appeal window

Appeal deadlines in family matters are short and are not extended by a pending modification.

The team

The attorneys

Assignment depends on where the case is pending, because each attorney is admitted in specific jurisdictions.

Mr. Sris — Law Offices Of SRIS, P.C.

Mr. Sris

VA · MD · DC · NJ · NY

Owner & Founder — Former Prosecutor

Practicing since 1997. In 2019 testified in support of Virginia House Bill 635 before the House Courts of Justice Committee.

Matthew Greene — Law Offices Of SRIS, P.C.

Matthew Greene

VA · DC

Of Counsel

In practice since 1994. J.D., Catholic University (1994). Fourteen years representing social workers under a CPS contract in Alexandria, Virginia.

Samantha Rae Powers — Law Offices Of SRIS, P.C.

Samantha Rae Powers

VA · FL

Of Counsel

In practice since 2005. J.D. and M.A., University of Florida. Ph.D., UC Santa Barbara (2017). Family, employment and business litigation.

Admissions

Admissions outside these five jurisdictions are listed for completeness and do not indicate that the firm accepts matters in those jurisdictions through this site.

AttorneyVAMDDCNJNYOther
Mr. Sris
Matthew Greene
Samantha Rae PowersFlorida

Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C.

Answers

Frequently asked questions

If your question is not here, the answer usually depends on the jurisdiction where the case is pending.

Ask us directly
What is the difference between legal custody and physical custody?
Legal custody is the authority to make major decisions for a child — typically education, non-emergency healthcare and religious upbringing. Physical custody concerns where the child lives and the schedule under which each parent has the child. The two are decided separately, and it is common for an order to divide them differently: joint legal custody with a primary physical arrangement, for example.
How does a court decide custody?
Under a best interests of the child standard, applied through statutory factors that differ in their particulars from one jurisdiction to the next. Factors commonly considered include the child's needs and age, each parent's role to date, the relationship between the child and each parent, each parent's physical and mental condition, and the willingness of each parent to support the child's relationship with the other. The weight given to any factor is for the court.
Can a child choose which parent to live with?
Not in the sense parents usually mean. These jurisdictions generally allow a court to consider a child's preference where the court finds the child mature enough for that preference to be meaningful, but the decision remains the court's. An older child's stated preference tends to carry more weight than a younger child's.
Does the mother have an advantage in a custody case?
Courts decide custody on statutory factors and the evidence rather than on a parent's sex. What is sometimes mistaken for an advantage is usually a record of day-to-day caretaking — which is why documentation of actual involvement tends to matter more than assertions about it.
What is a guardian ad litem?
An attorney appointed by the court to represent the child's interests. The guardian ad litem does not represent either parent, conducts an independent investigation that can include interviewing the parents, the child and third parties such as teachers, and reports to the court. The role and appointment practice vary between jurisdictions.
Can a custody order be changed?
Generally yes, but not simply because a parent is dissatisfied. Modification ordinarily requires showing a material change in circumstances since the last order, and then that modification serves the child's best interests. What qualifies as a material change is a question of law and fact that differs between jurisdictions.
What happens if I want to move out of state with my child?
Relocation is among the most heavily litigated issues in custody practice. Several jurisdictions require advance written notice to the other parent and to the court, and a parent who relocates without required notice or consent risks a serious adverse ruling. Notice periods and standards differ, so confirm the requirement for the specific jurisdiction before any move is planned.
Which state decides custody when the parents live in different states?
Jurisdiction is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, adopted in nearly every state, which is designed to prevent two states from entering conflicting orders. It generally directs the question to the child's home state. Jurisdiction is decided before the merits and is frequently contested first.
Do unmarried parents have the same rights?
Once parentage is legally established, custody and visitation are decided under the same best interests standard applied to married parents. For an unmarried father, establishing paternity is usually the necessary first step — by acknowledgment, by court order, or by genetic testing.
What can I do if the other parent will not follow the order?
Self-help — withholding the child, stopping support, refusing an exchange — tends to damage the position of the parent who resorts to it. The ordinary route is to document each violation and ask the court to enforce its order, which can carry consequences including make-up time, fees and contempt findings.
Is custody connected to child support?
They are separate legal questions that influence each other. These jurisdictions calculate support by guideline, and the parenting schedule is an input in several of those calculations. Support is not payment for access: a parent behind on support does not thereby lose parenting time, and a parent denied parenting time does not thereby gain the right to stop paying.
Which attorney would handle my case, and what does it cost?
Assignment depends on the jurisdiction, because each attorney is admitted in specific jurisdictions, and is confirmed as part of the written engagement. Fees vary with the jurisdiction, the issues in dispute, and whether the matter resolves by agreement or proceeds to a contested hearing. Fee arrangements are set out in the written engagement agreement.

Terms you will encounter

Best interests of the child
The standard governing custody decisions, applied through statutory factors that differ in their particulars.
Legal custody
Authority over major decisions for the child.
Physical custody
Where the child lives and under what schedule.
Parenting plan
The document setting out the schedule and the terms governing decisions, communication, travel and exchanges.
Guardian ad litem
An attorney appointed to represent the child's interests. Represents the child, not either parent.
Custody evaluation
An assessment by a mental health professional, reported to the court.
Temporary order
An order governing arrangements while a case is pending.
Material change in circumstances
The threshold ordinarily required before a court will modify an existing order.
UCCJEA
The Uniform Child Custody Jurisdiction and Enforcement Act, determining which state has authority to decide custody.
Contempt
A finding that a party has violated a court order, and the mechanism by which orders are enforced.
Parentage
Legal recognition as a child's parent, which for an unmarried father ordinarily precedes any custody right.

Request a consultation

Custody matters move on court-set deadlines, and the early stage of a case carries more weight than most parents expect. If you have been served, are considering filing, or are facing a modification or relocation question, call.

(888) 437-7747

Consultations are by appointment. Please do not send detailed case information through this website.