Virginia recognizes two main forms of custody Legal Custody & Physical Custody:

1. Legal Custody

This refers to a parent’s right to make major decisions for the child, including those related to education, healthcare, religion, and general welfare.

• Joint Legal Custody: Both parents share the responsibility for decision-making.
• Sole Legal Custody: One parent has the exclusive right to make major decisions.

2. Physical Custody

This determines where the child lives and who is responsible for day-to-day care.

• Joint Physical Custody: The child lives with both parents for significant periods.
• Sole Physical Custody: The child primarily lives with one parent, and the other may have visitation rights.

Virginia Courts make custody decisions based on what is in the best interest of the child. They do not automatically favor the mother or father and both parents are considered equally under the law. Factors considered include:

• The child’s age, physical and emotional condition
• Each parent’s ability to meet the child’s needs
• The relationship between the child and each parent
• The role each parent has played in the child’s life
• The child’s preference (if of reasonable age and maturity)
• History of family abuse or substance abuse
• The willingness of each parent to support the child’s relationship with the other parent

Parents are encouraged to work together to create a parenting plan that outlines the items below. If parents cannot agree, the court will make a final determination. A clear, enforceable custody agreement benefits everyone, especially the child.

• Custody arrangements
• Visitation schedules
• Holiday and vacation planning
• Communication guidelines

Virginia law allows for custody modifications if there has been a material change in circumstances since the last order. Common reasons for modification include:

• Relocation of a parent
• Changes in a parent’s work schedule
• The child’s needs changing due to age or health
• Concerns about the child’s safety or wellbeing

If one parent violates a custody or visitation order, legal action can be taken. Virginia courts can enforce orders and may impose penalties on the violating party.