This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Virginia USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
Instant download
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FAQ
The state of Virginia has two main types of split physical custody among parents. 50/50 custody sharing. If both parents are deemed to be fit for the child, 50/50 custody may be granted. This is when the child lives with each parent for an equal amount of time.
Sole and temporary custody in Virginia The parent with sole custody is the primary caretaker. They have the right to make decisions about the day-to-day and long-term needs of the child, including education, religion, discipline, and medical care.
Shared custody is the most common solution A Virginia family law judge will want to make custody decisions that they believe are in the best interests of the children while also upholding the rights of the parents.
A child's preference to live with one parent is only one factor that the Court must consider when determining custody and visitation. The child's age, maturity, and reasons for his or her preference will determine how much weight the court affords the child's preference.
Joint legal custody is the most common custody arrangement granted by courts. Why is that? One of the most significant advantages of joint custody is that a child will grow up with influence and input from both parents.
Kinds of Child Custody Agreements in Virginia Sole, joint, and shared physical custody are the most common. There is also the option of legal custody. Another sort of legal child custody agreement is grandparent and visiting custody.
Under Code § 20-124.2(B2), a court may order grandparent visitation if a preponderance of the evidence showed that the grandparent was related to the deceased or incapacitated parent who consented to their visitation, and then only if visitation is in the child's best interest.
In determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody.
