In case you are newly single, then you may not have sufficiently thought about the different types of child custody and visitation law in Virginia until now. However, when you are eventually planning a divorce action or putting the pieces back together after a breakup, the choices you can make become potentially vital. It is most often tempting to choose sole physical custody option simply because you lawfully deserve it or, in easier words, plainly because the actions of your ex-spouse towards your family are utterly unjustifiable to you.
However, what you must keep in mind during exploring the child custody and visitation law in Virginia and the types of custody and visitation options available to you is that the most crucial consideration is eventually ‘the best interest of your children.’
Know the Different Types of Child Custody
In order to completely comprehend the child custody and visitation law in Virginia as well as the custody and visitation options available to you, you will have to begin familiarizing yourself with the basic law terminologies as frequently used by lawyers and legal experts. And more importantly, you have to know the key difference between physical custody and legal custody.
As per child custody and visitation law in Virginia, legal custody typically refers to the lawful authority to do vital decisions and important choices on behalf of your kid. For instance, which school your child will join, what type of religious education and upbringing the child will have (if any), and different types of non-emergency medical decisions. In Virginia, legal custody options available to you include:
Sole Legal Custody: When you have sole legal custody, then only you hold the lawful authority and power to make key decisions and major choices on your child’s behalf. These most often include decisions related to education, healthcare, and religion.
Joint Legal Custody: In case of joint legal custody, both the parents hold the legal authority to make vital decisions and choice for the child. You should note that parents can significantly share “joint legal custody” even without having lawfully approved “joint physical custody.”
Physical custody as per child custody and visitation law in Virginia means where the kids will reside the majority of their time. It is sometimes also known as ‘residential custody.’
Sole Physical Custody: Such a type of child custody allows a child to live in just one location. However, the non-custodial parent is granted generous visitation rights mostly, including sleepovers.
Joint Physical or Shared Custody: Such a type of child custody is also known as “dual residence,” and “shared parenting.” In this situation, one parent is allowed to live with the children for part of the week or month or year, while the other parent is allowed to live with the children during the remaining time. Such a distribution of time lived at each location is most often nearly equal.
Bird’s Nest Custody: It occurs when the kids reside in one central location, and each parent rotates in as well as out of the kid’s residency on a scheduled basis.
Child Custody and Visitation Law in Virginia – call us at 888-437-7747.