{"id":376893,"date":"2018-11-05T17:43:08","date_gmt":"2018-11-05T22:43:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/primary-child-custody-factors-in-virginia.html"},"modified":"2018-11-07T16:20:19","modified_gmt":"2018-11-07T21:20:19","slug":"primary-child-custody-factors-in-virginia","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/primary-child-custody-factors-in-virginia.html","title":{"rendered":"Primary Child Custody Factors in Virginia"},"content":{"rendered":"\n
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Primary Child Custody Factors in Virginia<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Putting your child’s fate into someone else’s hands isn’t easy. Unfortunately, that’s the position parents are in when they can’t agree on child custody<\/a> and visitation issues, which leaves the court in the position of making those determinations.<\/p>\r\n

If a parent has "primary custody," it refers to the parent with whom the child lives with after the parents have parted. However, many jurisdictions don’t use the term "primary custody." For instance, in Virginia, the term physical custody is used to refer to where the child lives (rather than primary custody).<\/p>\r\n

The "Best Interests of the Child" Standard<\/h2>\r\n

Regardless of the type of custody that a party is seeking, all child custody determinations by the court are made using the "best interests of the child"<\/a> standard. Within this framework, the court will look at parenting patterns that occurred prior to the separation of the parents and will also explore future parenting scenarios.<\/p>\r\n

Primary Child Custody Factors in Virginia at a Glance<\/h2>\r\n

Anytime you’re involved in a legal dispute, you want to make sure that you understand what the law says and what it means for your case. You can consult with an attorney, but you can also read an unabridged version of the relevant statutes written in plain English. The chart below provides a synopsis of the law that governs Virginia’s child custody factors.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Virginia Code Title 20:<\/p>\r\n

Types of Custody<\/b><\/p>\r\n

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 <\/p>\r\n<\/td>\r\n

Virginia recognizes two types of custody distinctions: physical custody<\/a> and legal custody.<\/p>\r\n

"Physical custody" refers to where the child lives. A parent who has "legal custody" means that the parent has legal right concerning the decision-making rights and responsibilities regarding the child’s health care, education, socialization, and religion. Custody is further distinguished by "sole custody" (only one parent has custody) and "joint custody" where both parents share custody.<\/p>\r\n<\/td>\r\n<\/tr>

Joint Custody<\/b><\/p>\r\n<\/td>\r\n

The definition of "joint custody" in Virginia includes the following possibilities:<\/p>\r\n

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  • Joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be with only one parent;<\/li>\r\n
  • Joint physical custody where both parents share physical and custodial care of the child; or<\/li>\r\n
  • Any combination of joint legal and joint physical custody which the court finds to be in the "best interest of the child."<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Best Interest of the Child Factors<\/b><\/p>\r\n<\/td>\r\n

Virginia uses the following factors:<\/p>\r\n