CUSTODY DEFINITIONS IN VIRGINIA
Custody refers to legal or physical custody. Legal custody and physical custody are not the same.
Legal Custody Physical Custody
Legal custody refers to the decision-making Physical custody refers to the parent with
authority with respect to the child. The whom the child lives. On parent may have`
parent(s)with Legal Custody has the right physical custody and the other parent
to make major life decisions for the child visitation or parenting time. Physical
such as religion, education, discipline and Custody can be shared when the child lives
medical care. at both parents’ home.
Types of Legal Custody Types of Physical Custody
Sole Legal Custody- Primary Physical Custody-
One parent has the decision-making Child lives mostly with one parent and spends
authority time with the other.
Joint Legal Custody- Shared Custody-
Both parents share the decision-making Child spends at least 90 days per year with
authority. each parent. (This term is used when
calculating child support.)
Split Custody-
When there are two or more children and
they live with different parents. (This term is
used when calculating child support.)
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