Virginia Family Law · Metro Richmond & Central Virginia

Family Law Attorneys in Virginia

Custody, child support, protective orders, adoption, and divorce all run through the same Virginia family courts. Jacob and Drew personally lead every case alongside their paralegal, guiding you through the law with straightforward billing and a same business day response.

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Family Law in Virginia

One firm for the matters closest to your family

Family law covers the legal questions that touch your home directly, who your children live with, how they are supported, whether you are safe, and how your family is defined. These are among the most personal cases in the law, and they are decided under a specific set of Virginia rules.

Smith | Ashcraft is a Virginia family law firm serving Metro Richmond and Central Virginia. We handle child custody and visitation, child support, protective orders, adoption, and the full range of divorce matters. With more than 15 years of combined Virginia family law experience, Jacob and Drew build the strategy around your priorities, not a template.

Where we help: families across Metro Richmond and the rural counties of Central Virginia, in the Juvenile and Domestic Relations and Circuit courts throughout the region.

How we bill: transparent hourly rates and clarity about the initial retainer, with flexible payment options including Affirm financing. Payment plans are available for matters with sufficient assets.

What happens first: you request a callback, we listen, and we give you an honest read on your situation. There is no premature pressure to schedule or sign anything.

How It Works in Virginia

How family law works in Virginia

Virginia family cases move through two court systems and are decided under standards written into the Code of Virginia. Knowing where your case belongs, and what a judge is required to weigh, takes some of the uncertainty out of it.

J&DR
Juvenile & Domestic Relations Court
Handles custody, visitation, child support, and protective orders, including cases between parents who were never married.
Circuit
Circuit Court
Hears divorce and adoption, and decides custody and support when they are part of a divorce or an appeal from J&DR.
Child
Best interests standard
Every custody and visitation decision is measured against ten statutory best interests of the child factors, not the wishes of either parent alone.
Guideline
Presumptive support
Child support starts from a statewide guideline based on both parents' incomes, so the starting number is set by formula, not opinion.

Family law and divorce overlap, but they are not the same

Divorce ends a marriage and often decides custody, support, and property along the way. Family law is the broader umbrella, and many of these matters stand on their own, custody between unmarried parents, a protective order, a stepparent adoption, or a change to an existing order years after a case closed. We handle both, and we point you to the right path for where you actually are.

Our Practice Areas

Choose the area that fits your situation

Each area below has its own rules and its own timeline. Follow the one that matches where you are, or request a callback and we will help you sort it out.

Child Custody & Visitation

How Virginia courts decide legal and physical custody, how the best interests factors work, and how to build or change a parenting schedule.

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Child Support

How Virginia child support is calculated from both parents' incomes, what the guideline includes, and when an order can be modified. Estimate yours with our calculator.

Learn more →

Protective Orders & Domestic Violence

Emergency, preliminary, and permanent protective orders in Virginia, how long each lasts, and how to seek or respond to one.

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Adoption

Stepparent, close relative, agency, and adult adoption in Virginia, including consent rules and what the process looks like start to finish.

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Divorce

Uncontested and contested divorce, grounds, property division, spousal support, and legal separation. Our full divorce resource center lives on its own hub.

Explore divorce →
Child Custody & Visitation

How Virginia courts decide child custody

Virginia does not favor mothers or fathers. A court decides custody and visitation by weighing what serves the best interests of the child, using the ten factors set out in Virginia Code § 20-124.3. Custody has two parts: legal custody, the authority to make major decisions about a child, and physical custody, where the child actually lives.

What the court weighs

  • The age and the physical and mental condition of the child, and of each parent
  • The existing relationship between each parent and the child
  • The child's needs and important relationships with siblings and extended family
  • Each parent's role in raising the child and willingness to support the child's bond with the other parent
  • The child's own reasonable preference, if the child is mature enough
  • Any history of family abuse or violence

Married or not, the standard is the same

Custody is decided the same way whether the parents were married or not. For unmarried parents, paternity may need to be established first, but the best interests standard still controls.

Custody orders are never truly final. When circumstances change in a significant way, either parent can ask the court to modify custody, visitation, or support down the road.

Child Support

How child support is calculated in Virginia

Virginia child support is not guesswork. It starts from a statewide guideline that combines both parents' gross incomes, then factors in the number of children, the cost of health insurance and work related childcare, and the custody arrangement. The guideline result is presumed correct, though a court can deviate when the facts justify it.

Support is not permanent either. When incomes change, custody shifts, or a child's needs change, an existing order can be modified. We help you seek support, respond to a request, or update an order that no longer fits.

Estimate your child support now

Our Virginia Child Support Calculator gives you a fast, private estimate using the same guideline framework a court starts from. It is a helpful first look before we talk through your specific numbers.

Read the full child support guide for how the guideline works, what counts as income, and how modifications are handled.

Not sure which kind of case you have?

Tell us what is going on. We will give you a clear, honest read, usually the same business day.

Request a Callback
Protective Orders & Domestic Violence

Protective orders in Virginia

If you are in danger, a protective order is a court order that requires another person to stop contact and stay away. Virginia has three levels, each with a different purpose and a different length. If you are facing an accusation, the same process gives you the chance to be heard before a lasting order is entered.

1

Emergency

Issued quickly, often after hours, for immediate danger. It generally lasts about three days, until the court is next open.

2

Preliminary

Entered after you file a petition, it bridges the gap to a full hearing and typically lasts up to fifteen days.

3

Permanent

Granted only after a full hearing where both sides are heard, a final protective order can last up to two years and may be extended.

Whether you are seeking protection or responding to a petition

A protective order can affect where you live, your contact with your children, and your record, so the hearing matters. We help petitioners present a clear, well supported case, and we help respondents answer accusations fairly. If you are in immediate danger, call 911 first. Learn more about protective orders.

Adoption

Building your family through adoption

Adoption is one of the more hopeful corners of family law, and Virginia recognizes several paths. Each has its own consent rules and steps, and getting them right is what makes the result secure.

Stepparent & close relative

When a stepparent or close relative adopts a child, Virginia offers a more streamlined process. The consent of the other legal parent, or a court finding that ends those rights, is usually the central issue.

Agency, adult & more

Virginia also allows agency and independent adoptions, and adult adoption, where one adult legally adopts another. We help you choose the right route and carry it through the Circuit Court.

Your Legal Team

The attorneys handling your case

You will not be handed off to a rotating cast. Jacob and Drew personally lead every case alongside their paralegal, Christy, so you always know who is working for you.

Jacob E. Smith, Managing Partner at Smith | Ashcraft

Jacob E. Smith

Managing Partner

Licensed more than 14 years, Jacob brings deep Virginia family law experience to custody, support, protective order, and divorce matters across Central Virginia.

Drew Ashcraft, Partner at Smith | Ashcraft

Drew Ashcraft

Partner

Focused on practical, client centered outcomes, Drew works alongside Jacob on family law and divorce cases throughout the Richmond metro.

Common Questions

Frequently asked questions about family law in Virginia

We handle child custody and visitation, child support, protective orders and domestic violence matters, adoption, and the full range of divorce cases, including uncontested and contested divorce, property division, spousal support, and legal separation. We do not handle criminal defense or estate planning. If your situation crosses more than one of these areas, we coordinate it under one team.
It depends on the matter. The Juvenile and Domestic Relations District Court handles custody, visitation, child support, and protective orders, including cases between parents who were never married. The Circuit Court handles divorce and adoption, and it decides custody and support when they are part of a divorce or an appeal from the J&DR court. We handle cases in both.
Virginia courts decide custody and visitation based on the best interests of the child, using ten factors listed in Virginia Code § 20-124.3. Those include the child's age and needs, the relationship with each parent, each parent's role and willingness to support the child's bond with the other parent, the child's reasonable preference if mature enough, and any history of family abuse. The court does not favor mothers or fathers.
Child support starts from a statewide guideline that combines both parents' gross incomes, then accounts for the number of children, health insurance and work related childcare costs, and the custody arrangement. The guideline amount is presumed correct, though a court can deviate when the facts justify it. You can get a fast estimate with our Virginia Child Support Calculator.
Virginia has three levels. An emergency protective order generally lasts about three days, until the court is next open. A preliminary protective order bridges the gap to a full hearing and typically lasts up to fifteen days. A permanent, or final, protective order is granted only after a full hearing where both sides are heard, and it can last up to two years and may be extended.
Divorce is one part of family law. It ends a marriage and often decides custody, support, and property along the way. Family law is the broader umbrella, and many matters stand on their own without a divorce, such as custody between unmarried parents, a protective order, a stepparent adoption, or a modification of an existing order. Our divorce resource center covers divorce specifically, while this page is your starting point for the rest.
Request a Callback

Talk to a Virginia family law attorney

Tell us a little about your situation and we will reach out, usually the same business day. There is no pressure and no obligation to move forward.

  • Jacob and Drew personally lead every case
  • Straightforward billing and clear retainer expectations
  • Flexible payment options including Affirm financing
  • Serving Metro Richmond and Central Virginia

Prefer to call? Reach us at (804) 773-1751, Monday through Friday, 9:00 AM to 5:00 PM.

Submitting this form does not create an attorney-client relationship. We respond during business hours, Monday through Friday.

Visit

Smith | Ashcraft
1231 Alverser Drive
Midlothian, VA 23113

Hours

Monday – Friday
9:00 AM – 5:00 PM
Serving Metro Richmond & Central Virginia