The Differences Between Legal and Physical Child Custody in Virginia

Table of Contents

Related Posts

In any custody dispute, both legal and physical custody must be determined. Parents may reach their own agreement, which must be approved by a court, or they can leave the determination to a judge. In most cases, custody will be shared in some form. To ensure parents secure what is most important to them—whether that’s physical custody, decision-making power, or a combination—it’s crucial to understand the differences between legal and physical custody before beginning the process.

What Is Legal Custody?

Legal custody refers to who has the authority to make decisions about the child’s upbringing. Joint legal custody is common in Virginia, meaning both parents share the power to make decisions regarding the child’s education and general welfare. This arrangement assumes that the parents have a cooperative relationship and can communicate effectively about these important matters.

What Is Physical Custody?

Physical custody determines which parent the child spends time with. While joint legal custody allows both parents to make decisions for their child, the child may primarily reside with one parent. Joint physical custody is less common in Virginia. Typically, one parent is awarded primary physical custody, and the other parent is granted visitation rights. The visitation schedule varies depending on the circumstances. For example, children may alternate living with each parent weekly, or they may reside with the primary custodian during the school year and stay with the other parent during summer vacation.

Best Interests of the Child

Whenever a court decides on a custody arrangement, the child’s best interests are the top priority. Virginia courts strive to maintain ongoing, frequent contact between the child and both parents, unless this is not feasible. While parents are encouraged to cooperate in raising their children, courts will intervene if necessary.

Seeking Legal Assistance for Custody Disputes

Custody disputes can be emotionally draining and stressful. A skilled family law attorney can help ease the burden and ensure the best possible outcome for both you and your child. The attorneys at DiPietro Family Law Group are ready to assist clients in the Northern Virginia area with child custody issues. Contact them today by calling (888) 530-4374 to schedule a consultation.

Other Posts in: