FAQ: Custody Litigation & Attorneys’ Fees (Virginia)

Attorneys’ fees in custody and visitation disputes are often misunderstood. Prospective clients sometimes assume that fees are automatically recoverable if they succeed in court, while others believe courts never award them. In reality, Virginia courts have discretion to award attorneys’ fees in appropriate circumstances. The following questions and answers explain how fee awards work and what factors courts typically consider.

Can a Virginia court order one parent to pay the other parent’s attorneys’ fees in a custody case?

Yes. In Virginia, each parent typically pays their own legal fees. However, the court has the authority to order one party to contribute to or pay the other’s attorneys’ fees if the judge believes fairness requires it.

This often comes up when there is a significant financial imbalance between the parents or when one party’s conduct has unnecessarily increased the cost of litigation.

Are attorneys’ fees automatically awarded to the parent who “wins” the case?

No. Virginia does not automatically award fees to the “prevailing party.” Custody cases are not treated like simple win-or-lose disputes.

Instead, judges look at the overall fairness of the situation. Even if one parent is largely successful, the court will still evaluate whether a fee award is appropriate based on the circumstances of the case.

What factors does a judge consider when deciding whether to award fees?

Judges take a practical, fact-specific approach. Common considerations include:

• The financial resources of each parent
• Whether one party caused unnecessary delays or conflict
• The reasonableness of the positions taken in court
• The complexity of the case
• Whether the legal fees requested are reasonable and properly documented

Courts want to ensure that litigation is conducted responsibly and that neither parent is unfairly burdened.

Is there financial risk in filing or defending a custody modification case?

Yes. To modify custody in Virginia, the moving party must prove (1) a material change in circumstances and (2) that the requested change is in the child’s best interests.

If a parent files a modification without sufficient evidence, prolongs litigation unnecessarily, or acts unreasonably during the case, the court may consider that conduct when evaluating attorneys’ fees.

This does not mean parents should avoid legitimate custody concerns — but it does mean litigation strategy and preparation matter.

What happens if someone does not pay a court-ordered fee award?

An award of attorneys’ fees is a court order. If a party fails to comply, the other parent may pursue enforcement through the court, including filing a Rule to Show Cause or a motion for contempt.

Courts take noncompliance seriously. In some cases, additional financial penalties can follow.

Does asking for attorneys’ fees make the case more hostile?

Not necessarily. Fee requests are a routine part of custody litigation when appropriate. Judges evaluate them objectively and based on the evidence.

When properly grounded in financial disparity or litigation conduct, a request for fees is simply part of seeking equitable relief under Virginia law — not a personal attack.

What distinguishes Blankingship & Keith’s approach to custody litigation?

Blankingship & Keith approaches custody matters with disciplined preparation and trial-level experience. The firm focuses on:

• Developing a clear, evidence-based strategy
• Maintaining professional and responsible litigation conduct
• Creating a thorough and defensible record
• Protecting both the client’s parental rights and financial interests

Custody litigation affects both families and futures. Our goal is to advocate effectively while keeping the long-term consequences in view.