Commonly asked questions about child custody and visitation in Virginia.

Legal custody is decision making power. Where does the child go to school? Who is there doctor? What church do they go to? If a parent has sole legal custody then they do not have to talk to the other parent before changing these things. (Although it is still a good idea.)

Physical custody is all about where the child resides. If the child resides primarily with one parent that parent will have “primary” physical custody. A primary custodian may have tie breaking authority for legal custody disputes.

Visitation is the schedule that the parents or court works out for the children. Whether that is every other week, every other weekend, or something in between, visitation is the schedule. There are many different types of visitation schedules.

It is important to be extremely specific in your visitation schedule. Any ambiguity can lead to a custody fight down the road.

The most important thing to keep in mind is that a child needs both their parents in their lives. You need to keep in mind both of your work schedules and try to find a schedule that allows your children to thrive in a split household.