Fairfax Custody Case
Sep 16, 2013OUTCOME: Denial of Opposing Party's Motion to Modify Custody
Mr. Smith represented Ms. R for a day-long custody and visitation modification trial against her ex-husband in Fairfax County Circuit Court. The parties shared week-on, week-off custodial time, but Mr. ... R had recently moved into an excellent neighborhood and school district in a Prince William County. He was seeking primary custody and a change in schools for their two children. At trial, Mr. R's attorney had their high-school-aged daughter testify that Ms. R was abusive and that she (the daughter) wanted to live with Mr. R full-time. On cross-examination, Mr. Smith was able to conclusively but gently and respectfully establish that the daughter was not being truthful, had a track record of dishonesty, and had been heavily coached by Mr. R in advance of trial. Mr. Smith demonstrated throughout the course of the day that both children were better off residing in Ms. R's home on a primary basis, and that she provided much-needed structure and support for both children. The court ruled in favor of Ms. R.
