At Kelly Byrnes Danker & Luu, PLLC Fairfax & Leesburg Family Lawyer | At Kelly Byrnes Danker & Luu, PLLC 2026-10-02T14:05:16Z https://www.kbdfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1501280/2024/04/cropped-cropped-favicon-new-32x32.png by Kelly Byrnes Danker & Luu, PLLC <![CDATA[Factors Virginia courts consider in custody cases]]> https://www.kbdfamilylaw.com/?p=50789 2026-09-29T14:05:48Z 2026-10-02T14:05:16Z Your child’s needs come first Your child’s age, physical and mental condition, changing needs, and relationships with you and other family members can affect custody decisions. Your role in your child’s care and your ability to meet their emotional, physical and intellectual needs also matter. If your child shows enough maturity, intelligence, age and experience, the court can consider their reasonable preference.

Legal and physical support shape parenting roles

Your custody arrangement determines how you and the other parent share responsibility for your child. Virginia law recognizes joint legal, joint physical and sole custody, with the court focusing on your child’s best interests.
  • Joint legal custody: Both parents share responsibility and decision-making authority.
  • Joint physical custody: Both parents share physical and custodial care.
  • Sole custody: One person has responsibility for care, control and decisions.
Being informed about these options can help you know what each custody arrangement means for your role as a parent.

Your actions can affect your custody case

The way you act as a parent can affect your custody case. The court considers whether you support your child’s relationship with the other parent and whether you can work together to resolve disagreements. It also considers any history of family abuse, sexual abuse, child abuse or certain acts of violence. Keeping your child’s safety and well-being at the center of your decisions can help you handle the custody process responsibly.

Helping your child through the transition

A custody case can feel difficult for you and your child. Keeping your child’s best interest at the forefront, while working with the other parent when possible, can help ease the transition. Keeping track of your rights and making thoughtful decisions can also help you create a stable and supportive future for your child.  ]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[Can you get a temporary custody order during a Virginia divorce?]]> https://www.kbdfamilylaw.com/?p=50794 2026-09-29T20:16:59Z 2026-09-29T20:16:59Z Can a court decide custody before your divorce ends? Under Virginia Code § 20-103, a court may enter temporary orders involving custody while a divorce is pending. These are often called pendente lite orders, meaning orders entered while the case is ongoing. Local procedures can limit when the court will hear these requests. Under current Loudoun County Circuit Court rules, pendente lite hearings may address other temporary issues, but not child custody or parenting time, the time a child spends with each parent. Fairfax County Circuit Court generally hears temporary custody motions only when extraordinary or emergency circumstances exist.

What does the court consider in a temporary custody decision?

When the court considers temporary custody, it applies the best-interest factors in Virginia Code § 20-124.3, which are the considerations judges use to determine what arrangement best serves your child. These include:
  • Your child’s age and physical and mental condition
  • Your relationship with your child
  • Your role in your child’s day-to-day care and upbringing
  • Your willingness to support your child’s relationship with the other parent
The court considers all factors together when deciding temporary custody. The court may also consider other circumstances that affect your child’s well-being.

A temporary order does not decide custody permanently

A temporary custody order can govern parenting arrangements while your case continues, but it does not resolve custody permanently. The court still decides final custody based on your child’s best interests and the circumstances at the time of the final decision. Because procedures differ between courts, understanding the rules in the court handling your divorce can help you know what options may be available. If custody becomes disputed while your case is pending, legal guidance can help you understand the process and what the court may consider.]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[Why careful preparation matters in online divorce hearings]]> https://www.kbdfamilylaw.com/?p=50788 2026-09-22T10:24:50Z 2026-09-25T10:24:23Z The connection and equipment need to work A weak internet connection, poor sound or a camera problem can disrupt the session quickly. The court still expects each person to hear and be heard clearly, communicate effectively and remain focused on the proceeding. Technical problems can waste time and distract from the issues the judge needs to decide. Fairfax and Loudoun County courts may use different remote-hearing platforms or exhibit procedures, so it is important to confirm the court’s instructions before the hearing date. Virginia’s online court system can help identify the platform and procedures tied to the hearing.

Key materials should be organized before the hearing

A remote hearing can move quickly, especially when the judge asks about financial records, custody schedules or other exhibits. The lawyer may handle most of the formal document presentation, but the client should still know what materials matter and be ready to follow along when key records come up. Before the hearing, the client and attorney should make sure they can quickly identify:
  • Financial records and account statements
  • Custody schedules and parenting plan drafts
  • Court-filed exhibits and supporting documents
  • Notes on key issues the judge is likely to address
  • Any agreements or correspondence relevant to the case
This level of organization matters even more in high-asset cases, where retirement accounts, equity compensation, business records or support calculations may become part of the hearing.

Privacy and location can affect how the case comes across

A divorce hearing may involve sensitive finances, family issues or personal testimony. Background noise, interruptions or appearing from a public or disorganized location can make the case harder to present well. Some people choose to appear from a lawyer’s office so the session takes place in a quieter and more controlled environment.

Preparation and professionalism matter in a virtual courtroom

A remote appearance may not happen in a courtroom, but the judge still notices preparation, focus and professionalism. Eye contact with the camera, clear answers and an organized presentation all matter. Divorce proceedings benefit from planning that addresses not only the legal issues, but also how those issues will be presented on screen. A divorce lawyer can help organize the documents, review the technical setup and walk through the likely hearing sequence so the focus stays on the legal issues, not on avoidable preparation failures. In a format where small disruptions are more visible, that level of readiness can make a meaningful difference in how the case comes across.]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[When can a parent seek sole physical custody in Virginia?]]> https://www.kbdfamilylaw.com/?p=50785 2026-08-28T18:05:02Z 2026-09-02T18:03:46Z In the best interest of the child When it comes to child custody, Virginia courts do not have a legal presumption that sole physical custody is inherently unfavorable. Instead, the decisions taken by a court are usually focused on the welfare of the child. One of the important questions a Virginia court may ask is: which form of custody will ultimately benefit the child? If a parent submits enough evidence to convince the court that sole custody serves the best interests of the child, they may be able to get a favorable ruling.

Admissible reasons for sole custody

Sole physical custody is usually restricted to limited scenarios that a court might find justifiable. A court is more likely to respond favorably to a sole custody request when the other parent:
  • Has a history of abusing the child
  • Has a mental illness that significantly affects their parenting capacity
  • Has a substance abuse problem that can be detrimental to a child’s physical or emotional health
The court may also consider other justifiable reasons for sole physical custody.

Protect your child’s rights

If you think that joint custody could harm your child, you may seek sole custody of the child. However, Virginia courts grant sole custody only if you are able to convince them that there is legitimate concern. With the help of an attorney experienced in child custody, you may be able to provide your child with a safe and stable environment that they deserve.]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[Common mistakes that weaken your position in a custody dispute]]> https://www.kbdfamilylaw.com/?p=50782 2026-08-27T14:28:21Z 2026-09-01T14:27:27Z Speaking negatively about the other parent One of the most damaging mistakes you can make is speaking negatively about your child's other parent. Courts in Virginia generally focus on the child's best interests. Judges favor parents who support a healthy relationship with the other parent when doing so serves the child's best interests. If you criticize the other parent in front of your child or on social media, the court may question your judgment. Judges want parents to encourage healthy relationships between children and both parents. They may view repeated negative comments as a sign that you are unwilling to cooperate or support your child's relationship with the other parent. This behavior may suggest that you are putting your own feelings ahead of your child's needs.

Ignoring court orders or agreements

Failing to follow custody orders or visitation schedules is another serious mistake. Even if you disagree with an order, violating it may hurt your credibility with the court. Judges expect parents to follow court orders and act responsibly throughout the case. If you believe a custody order should change, file a formal request with the court instead of ignoring the current arrangement. Keeping detailed records of your compliance can also strengthen your credibility and show that you take your responsibilities seriously.

Using your child as a messenger or spy

Putting your child in the middle of adult conflicts creates unnecessary stress and may hurt your custody case. Asking your child to deliver messages, report on life at the other parent's home or choose sides can reflect poorly on your judgment. Virginia courts recognize that children should not carry the burden of adult conflicts. Judges may view this behavior as emotionally harmful to the child. Communicating directly with the other parent through appropriate channels shows maturity and helps keep your child out of adult disputes.

Neglecting documentation and preparation

Many parents underestimate the value of good documentation in custody cases. Failing to keep records of visitation exchanges, communication with the other parent, expenses or important events involving your child may weaken your case. Judges often give written evidence more weight than verbal claims. Consider keeping a calendar of parenting time, saving relevant text messages and emails and keeping receipts for child-related expenses. Staying organized helps support your claims and shows the court that you take the process seriously.

Protecting your interests

Avoiding these common mistakes may help you strengthen your position in a custody dispute. Focus on your child's best interests by treating the other parent respectfully, following court orders and staying organized. The choices you make throughout the case can influence how the court views your commitment to your child's best interests.]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[5 mistakes to avoid in a custody battle]]> https://www.kbdfamilylaw.com/?p=50781 2026-08-18T09:43:57Z 2026-08-21T09:43:17Z Criticizing the other parent Negative remarks can place your child between two people they love. In Virginia, courts assessing the child’s best interests generally consider each parent’s willingness to support the child’s relationship with the other parent and cooperate in resolving disputes.

Pulling your child into the conflict

Using your child to deliver messages or report on the other household may create emotional strain. Communicate directly through agreed channels, and keep questions about visits focused on your child’s well-being.

Letting anger control your behavior

Yelling during an exchange or sending hostile texts could damage your credibility. If tensions rise, pause before responding and keep written communication brief and civil.

Disregarding a court order

Follow temporary schedules and communication requirements until the court modifies them. If an immediate safety concern arises, seek emergency judicial relief or assistance from law enforcement. A clear violation could lead to enforcement proceedings, contempt or criminal charges.

Posting emotionally on social media

A frustrated post or comment may reach the other parent, attorneys or the judge. Avoid discussing the case online because screenshots can preserve deleted content.

Why careful choices matter during custody proceedings

Judges often examine patterns of behavior rather than one imperfect moment. Steady, child-focused actions can demonstrate your capacity to provide a secure home. When conflict makes compliance difficult, an attorney may help you request appropriate changes rather than act outside the existing terms. A measured response can preserve your credibility while keeping your child’s needs at the center of the case.]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[Do business owners need to sell their company during divorce?]]> https://www.kbdfamilylaw.com/?p=50777 2026-08-03T09:22:51Z 2026-08-06T09:22:24Z Joint business owners, such as a husband and wife who started a family business together, do need to address their company if they decide to get divorced. Since they both own the company, it is one of the most valuable assets that will need to go through property division. This can certainly complicate their divorce case and related areas of their lives. One of the most common ways to address it is to sell the business. Many couples will sell their company and then split the money that they earn. This gives them a clean break once the divorce has concluded, and it satisfies the requirements for dividing marital property. That said, selling the business is certainly not the only option.

Obtaining full ownership

For instance, one spouse may decide that they want to keep the business themselves, becoming the sole owner of that company. This is often possible if they buy out the ownership percentage held by their partner. For example, if a business gets a valuation of $200,000 and the couple also fully owns a home with the same value, these are both valuable assets. One partner may agree to exit the business if they are allowed to keep the family home, while the other gives up their claim to the house and becomes the sole owner of the company.

Continuing to work together

A less common option is that divorcing spouses do not actually have to change anything about how they work together at the company. They can still be business partners. Even after the divorce, there is nothing legally prohibiting them from continuing their professional relationship. Naturally, though, this can be hard for couples who are going through a high-conflict divorce. It may also mean they have to take additional legal steps, such as drafting a partnership agreement to define their new ownership percentages, roles within the business and things of this nature. If you and your spouse are joint business owners who are facing a divorce, it is natural to feel concerned about the future of the business. Be sure you know exactly what legal options you have.  ]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[How a QDRO can help to protect your retirement plans]]> https://www.kbdfamilylaw.com/?p=50773 2026-08-20T11:33:09Z 2026-07-23T22:38:02Z gray divorce. A qualified domestic relations order (QDRO) may be able to help.

Dividing future benefits

The retirement benefits your spouse earned during the marriage likely qualify as a marital asset. It is true that your spouse may not have retired yet, so they are not actively receiving those benefits. But they still need to go through property division because they are a marital asset that you are also entitled to, just like your spouse's other earnings. A qualified domestic relations order can be used to set up this division in advance. The court can consider factors like the length of your marriage and your personal assets and determine what percentage of the retirement benefits should go to you. The QDRO then establishes this percentage, and your spouse has to divide the benefits with you once they actually retire and begin receiving them. By planning in advance, you can preserve your right to those benefits in the future, giving yourself the financial security you always believed you would have. To ensure that everything is set up correctly, it can be helpful to work with an experienced attorney.]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[Don’t post these things on social media if you’re divorcing]]> https://www.kbdfamilylaw.com/?p=50769 2026-07-06T08:22:10Z 2026-07-09T08:21:07Z Studies over the years have shown that social media is a leading source of evidence presented in divorce cases. So, if you are going through a divorce, it’s important to be extra careful.  It’s recommended to avoid social media when going through a divorce. However, if you can’t, here are three things not to post:

Negative comments about your spouse

Using social media to vent about your soon-to-be ex-spouse may seem like a quick way to get an emotional release and validation from peers. However, it can negatively impact your case.  It can be used to demonstrate poor judgment and weaken your credibility. Besides, if your divorce involves a child, badmouthing the other parent on social media can be used to suggest an inability to co-parent.

Your case

Talking about your case online, including negotiations and settlements, is not the best way to “plead your case.” Avoid doing this, even if your divorce is amicable. It can damage your credibility and violate legal confidentiality.

Lavish lifestyle

Posting expensive purchases, vacations, nights out or fine dining can be used as evidence of dissipation of assets. If your spouse successfully uses your posts and other supporting documents to show the court you are intentionally wasting money, they may receive a larger share of the remaining community estate. Thus, avoid posting a lavish lifestyle on social media. You should also inform your loved ones about this. If you go out with them and take photos, request that they not post them or tag you. Give them a brief explanation and clearly set a boundary. Every photo or video you post or engage with during your divorce can become evidence used to challenge your credibility, finances or fitness as a parent. Therefore, it’s best to avoid social media completely if you can. Get more information about other ways to protect your interests. ]]> On Behalf of Kelly Byrnes Danker & Luu, PLLC <![CDATA[How divorce affects your military pension and TRICARE]]> https://www.kbdfamilylaw.com/?p=50764 2026-06-24T10:08:24Z 2026-06-29T10:07:14Z Military divorce can change two benefits that many Northern Virginia families rely on: retirement pay and health care. If you are stationed near Fairfax, live in Leesburg or built a career around military service, those benefits may shape your entire financial future after divorce.

Your pension may count as marital property

A military pension is not always “owned” by only the service member. In a Virginia divorce, the part earned during the marriage may become part of the marital estate. That does not mean the other spouse automatically receives half, but it does mean the pension may need careful review. The Defense Finance and Accounting Service explains that the Uniformed Services Former Spouses’ Protection Act does not give a former spouse an automatic share of retired pay. A court order must award part of the retired pay before former spouse payments can begin.

The 10/10 rule affects payment, not ownership

Many spouses misunderstand the 10/10 rule. This rule does not decide whether a judge may divide a military pension. It only affects whether the Defense Finance and Accounting Service can send payments directly to the former spouse. The rule generally requires 10 years of marriage overlapping with 10 years of creditable military service. If the overlap is shorter, the court may still address the pension, but payment may need to happen through a different method. That distinction matters when negotiating military divorce terms.

TRICARE may change after divorce

TRICARE often causes even more worry than retirement pay because health care affects daily life. After divorce, the service member and eligible children usually keep coverage. A former spouse must meet separate rules. TRICARE’s divorce guidance says a former spouse may keep coverage under the 20/20/20 rule if the marriage, creditable service and overlap each lasted at least 20 years. The 20/20/15 rule may provide one year of coverage when the marriage and service lasted 20 years, but the overlap lasted at least 15 years.

Survivor benefits need separate attention

A pension division order does not always protect a former spouse if the service member dies first. The Survivor Benefit Plan can help address that risk, but spouses must deal with it separately during divorce. This issue can affect settlement value, future income and long-term security. If both spouses assume the pension language handles survivor protection, one person may discover the gap too late.

Plan before benefits become a dispute

Military benefits do not always follow everyday assumptions about divorce. Pension division, direct payment, TRICARE eligibility and survivor protection each work differently. Understanding those rules early can help both spouses avoid mistakes before they sign an agreement that affects decades of financial security.]]>