Family Law FAQs


Shin Law Office Family Law Attorneys Answer Frequently Asked Questions

Family law makes up a huge collection of legal cases that deal with personal, sensitive issues, requiring a professional, yet caring touch.

The Northern Virginia Family Law Attorneys at Shin Law Office will work with you, ensuring you understand your options and your next steps — and, we will be with you every step of the way./p>

Below, our family law attorneys have answered some of the most frequently asked questions we receive when working with clients on family law cases.

If you have additional questions, don’t hesitate to schedule a no-cost consultation.

Q; What is the difference between custody and guardianship?

Custody is determined by a family law court that determines which parent has custodial control over the child in question. Guardianship is a court proceeding in Circuit Court where the Court appoints an individual to care for a minor child and makes legal decisions for the minor.

Q; How do the courts determine visitation?

Visitation is determined based on the best interests of the child standard set forth in Virginia Code 20-124.3.

Q; I am owed thousands of dollars of child support. What can I do if the person who owes it lives out of state?

All that needs to be done is to file for child support in Virginia and incorporate the foreign order with the Virginia court. Since the child support process is streamlined to travel all over the country, procedurally, obtaining child support is simple.

Q; I don’t have custody of my child, but I want it. How do I begin the process?

To keep it simple, you would need to simply file a petition for custody and visitation in the Juvenile Court of the jurisdiction that you have been residing in for the last 6 months.

Q; Can I withhold visitation if child support hasn’t been received?

No. This issue comes up far too many times. In fact, if you choose to withhold visitation based on not receiving child support, you may be shooting yourself in the foot.

Our Services

  • Child Custody
  • Child Visitation
  • Spousal Support/Alimony
  • Child Support
  • Equitable Distribution (Property Distribution)
  • Asset Distribution
  • Contested Divorce
  • Uncontested Divorce
  • Property Settlement Agreements
  • Retirement Plans
  • Estate Planning
  • Wills
  • Probate
  • Estate Administration
  • Trusts
  • Wills
  • Powers of Attorney
  • Living Wills
  • Insurance Trusts
  • Filing Inventories
  • Supplemental Needs Trusts
  • Grantor Retained Income Trusts
  • Protection of Assets and Wealth Preservation
  • Preparing Accounts
  • Divorce
  • Annulment
  • Estate Planning
  • Adoption
  • Foster Care
  • Paternity Issues
  • Custody
  • Visitation Rights
  • Child Support
  • Guardianship
  • State Child Protection
  • Domestic Violence
  • Alimony
  • Prenuptial Agreements
  • Marital Property
  • Emancipation
  • Gay & LGBTQ Family Law
  • Legal Separation
  • Asset Divisions
  • Mediation