Deciding to pursue a child custody case is a significant step that can impact your entire family. That’s why it’s essential to understand the different types of custody arrangements available in Virginia.
Contrary to popular belief, custody cases don’t always stem from divorce. They can arise if one parent is deemed unfit due to abuse or neglect or when a guardian believes they are better suited to care for the child than the biological parents.
No matter how you arrive at this situation, knowing the differences in potential legal arrangements as you gear up for a custody battle will only help protect you and your child’s best interests. If you have more questions after reading this guide, give our Manassas child custody lawyers a call at (703) 755-7343.
Primary Types Of Custody In Virginia
According to Virginia Code § 20-124.1, there are two types of custody: sole and joint custody. While both sole and joint custody are used in Manassas divorce cases, joint is much more common. Let’s explore both.
Sole Custody
In a sole custody arrangement, one parent is the primary caretaker, responsible for the child’s physical, emotional, and other needs. The parent with sole custody has the authority to make all decisions on behalf of the child, without consulting the other parent.
Considering the exclusionary nature of sole custody, it is seldomly awarded in Virginia. Typically, sole custody is only awarded in circumstances like when:
- There is child abuse perpetuated by one parent
- The other parent limits access to the child
- One parent manipulates the child into thinking negatively about the other
- The parents cannot get along or communicate well
Most of the time, Virginian courts order joint custody under the presumption that the child will benefit when both parents are involved in their lives.
Joint Custody
The most common legal child custody arrangement, joint custody is when both parents share child rearing responsibilities and care for the child’s physical, emotional and other wellbeing. Within joint custody, there are some additional considerations: joint legal custody and joint physical custody.
Joint Physical Custody
Joint physical custody is if a child is splitting time equally between the parents at a negotiated interval. For instance, a child could spend alternate weeks with both parents. However, this arrangement is less common. Many Virginia courts dictate that one parent is the primary physical custodian of the child, meaning the child stays in one home most of the time.
Many individuals confuse a primary physical custody arrangement with sole custody, which is incorrect.
Joint Legal Custody
In contrast, joint legal custody concerns the decision-making that impacts a child’s life. A parent can have primary physical custody while sharing the responsibility of making decisions regarding the child’s future.
What Factors Impact Custody in Virginia?
The child’s best interest is the key deciding factor of a parental custody agreement. However, it’s important to know that courts will consider other evidence and factors such as the parent-child relationship, who the primary caregiver is, the child’s preferences, and (understandably) a history of abuse or violence in making this decision.
And if you need help understanding your child custody case, the Manassas family law attorneys at Collins Family Law are here to help you. Contact us to schedule a case review with our team today.