Custody decisions are often one of the most difficult parts of a separation or divorce. They involve more than just deciding where a child will live—they define how major decisions will be made, how day-to-day care will be handled, and how both parents will remain involved in the child’s life. In Virginia, custody laws are designed to serve the best interests of the child while giving courts flexibility to tailor arrangements to each family’s needs. Understanding the basics of child custody can help parents approach the process with more confidence.
Legal Custody vs. Physical Custody
Custody has two parts:
- Legal Custody: The right and responsibility to make significant decisions for a child, such as education, medical care, religious upbringing, and other major decisions impacting the child’s well-being. Sole legal custody is when one parent has the sole ability to make decisions for the child. Joint legal custody is when both parents must make these decisions together. There may be situations where a court awards joint legal custody but gives one parent final decision-making authority in the event of a dispute. The court also has the ability to award joint legal custody but give one parent sole legal custody or final decision-making authority for a specific decision or subject matter. For example, a court can award joint legal custody but grant one parent sole legal custody for all medical decisions. Another is example is a court can award joint legal custody but grant one parent final decision-making authority on where a child will attend school.
- Physical Custody: This is where the child lives on a day-to-day basis and when each parent is responsible for the child’s daily care. The court can award a parent primary physical custody or award both parents shared physical custody. However, more important is the actual custody schedule. Creating a custody schedule that works for the child depends on each family’s situation. There is no one size fits all custody schedule that works for every family.
How Courts Decide: Best Interests of the Child
Virginia law does not favor one custody type over another or one parent over the other. Judges must look at what serves the child’s best interests, including:
- The child’s age, needs, and overall well-being;
- Each parent’s physical and mental health;
- The child’s relationship with each parent;
- The child’s needs;
- Each parent’s ability to assess and meet the child’s developing needs;
- The role each parent has played in the child’s life;
- Each parent’s relationship with the child;
- The child’s relationships with siblings, extended family and peers;
- Each parent’s willingness to support the child’s relationship with the other parent;
- The parents’ ability to communicate and coparent; and
- The child’s reasonable preference, if mature enough to express one.
By understanding the basics of child custody, parents can make more informed decisions and work toward an arrangement that supports their child’s growth, development, and happiness.