This post highlights a few of the most frequently asked questions we hear from potential clients and clients about Virginia custody and visitation law:

WHAT IS LEGAL CUSTODY?

Answer: Legal custody is the right to makes significant decisions concerning a child’s welfare, such as medical, educational, or religious decisions.  It is not about day-to-day stuff, such as what time should Billy brush his teeth or should Susie get dessert after dinner?  Legal custody can be given to one parent or jointly to both parents, even if a child lives mostly with one parent.  

WHAT IS PHYSICAL CUSTODY?

Answer: Physical custody is about where a child resides.   As with legal custody, physical custody can be given solely to one parent or jointly to both parents.

DOES JOINT PHYSICAL CUSTODY MEAN THAT A CHILD WILL RESIDE WITH EACH PARENT HALF THE TIME?

Answer: Not necessarily.  Joint physical custody simply means a child will spend some time residing in mom’s home and some in dad’s.  This could be a 50/50 arrangement, but it also could be 95/5, 73/27, 65/35, or any other timesharing arrangement.