Custody

Joint custody can be divided into joint legal and joint physical custody.

Joint legal custody means that both parents share the power to make major decisions about the child’s well-being, including things like which school a child will attend, what medical care the child needs, and the child’s religious upbringing.¹

Joint physical custody means that the child will split their time between both parents’ homes. It does not necessarily mean that the child will live with each parent 50% of the time, but rather the time will be split in a way that the judge determines is in the best interests of the child.¹

The court may choose any combination of joint legal and joint physical custody that would be in the best interests of the child. This could mean that:

• the child lives with one parent, but both parents have the power to make decisions about the child;
• the child lives with both parents (split-time) and both parents have the power to make decisions about the child; or
• the child lives with both parents, but only one parent has the power to make major decisions about the child.¹

If the parents have joint physical custody, either parent can ask the judge to order that the exchange of the child take place at an appropriate meeting place instead of at the home of either parent.²

¹ Va. Code § 20-124.1
² Va. Code § 20-124.3