In Fauquier County, an emergency custody order under Va. Code § 20-107.3 requires showing imminent danger to a child. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. An Emergency Custody Lawyer Fauquier County can file a motion within 24 hours.
Emergency Custody in Fauquier County, Virginia
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Virginia law allows a parent or guardian to seek an emergency custody order when a child faces immediate harm. Under Va. Code § 20-107.3, the court must find that the child’s health, safety, or welfare is at imminent risk. This statute was personally amended by Mr. Sris, founder of Law Offices Of SRIS, P.C. (founded 1997). An emergency custody motion lawyer Fauquier County must present clear evidence of danger to obtain an order without the other parent present.
Official Resources
Review the full statute at Va. Code § 20-107.3 (official Virginia General Assembly). For court procedures, visit the Fauquier County General District Court website.
How Emergency Custody Works in Fauquier County
Fauquier County Circuit Court handles all emergency custody motions. The court requires a sworn affidavit detailing the immediate danger. A temporary emergency custody lawyer Fauquier County can file a motion ex parte (without the other parent present) if the threat is severe.
- Contact an emergency custody lawyer immediately.
- Gather evidence of imminent danger (photos, texts, police reports).
- File a sworn affidavit with the Fauquier County Circuit Court.
- Attend the emergency hearing within 24-48 hours.
- Prepare for a follow-up hearing within 15 days for a temporary order.
In Fauquier County, failing to comply with an emergency custody order can result in contempt of court, fines, and potential jail time.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Violation of Emergency Custody Order | Contempt of Court | Up to 12 months | Up to $2,500 | None | Possible loss of custody rights |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Emergency Custody in Fauquier County
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs custody and property division in Virginia. The firm has firm-wide 4,739+ documented case results across all practice areas with a 93%+ favorable outcome rate. Our team includes Samantha Rae Powers, a VA-licensed attorney with 18+ years of experience, and Kristen Fisher, a former Maryland Assistant State’s Attorney. We provide case-specific strategies for each client.
Mr. Sris, Owner & CEO, Managing Attorney. Former prosecutor. Founded firm 1997. Personally amended Va. Code § 20-107.3. Bar: VA, MD, DC, NJ, NY. Mr. Sris provides strategic oversight on all complex family law cases.
Case Results in Fauquier County
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. These results include emergency custody, divorce, and child support matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fauquier County Location
Our Fairfax location is approximately 30 miles from the Fauquier County Circuit Court, accessible via I-66 and Route 29. We serve clients throughout Fauquier County, including Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. An Emergency Custody Lawyer Fauquier County is available near you.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Emergency Custody in Fauquier County
Q: Can I get an emergency custody order without the other parent present in Fauquier County?
Yes. Fauquier County Circuit Court allows ex parte emergency custody orders when the child faces imminent danger. You must file a sworn affidavit detailing the threat. The court will schedule a hearing within 15 days to give the other parent notice.
Q: How long does an emergency custody order last in Fauquier County?
It depends. An initial ex parte order typically lasts 15 days. After a full hearing, the court may issue a temporary custody order lasting up to 6 months. A final custody determination requires a separate hearing with both parents present.
Q: What evidence do I need for an emergency custody motion in Fauquier County?
You need evidence of imminent danger to the child. This includes police reports, medical records, photographs, text messages, or witness statements. The court requires a corroborating witness for ex parte orders. An emergency custody motion lawyer Fauquier County can help gather this evidence.
Q: Is Virginia a community property state for custody and divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. For custody, the court considers the best interests of the child under Va. Code § 20-124.3. Mr. Sris personally amended the equitable distribution statute (Va. Code § 20-107.3).
Q: How much does an emergency custody lawyer cost in Fauquier County?
It depends. Circuit Court filing fees for an emergency custody motion are approximately $86. Attorney fees vary based on complexity. Law Offices Of SRIS, P.C. offers consultation by appointment. Call (888) 437-7747 for a case-specific estimate.
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.