CHILD CUSTODY AND VISITATION

This is the most difficult issue in most divorces. In determining the custody of a minor (under eighteen) child, the parents should be guided by one standard and the court is guided by one standard -- the best interests of the Child.

There are two types of custody -- legal custody and physical custody. Legal custody can be given exclusively to one spouse, or both spouses can share joint legal custody. The same thing applies for physical custody. In the past, generally one parent was given sole legal and physical custody and the child lived with that parent, with the other parent having visitation rights, taking the child on weekends, holidays, or vacations. More and more in Virginia, the parties agree or the Court orders joint legal and physical custody, where the child spends time living with both parents on a regular basis. With joint legal custody, spouses share responsibility for important decisions affecting their children, such as choosing schools and medical treatment.

If you are unable to agree on custody, the court will award it based on considerations such as the age of the parent and child, and physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in upbringing and caring for the child, the home where the child will live, and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision. Custody may always be changed if there is a material change in circumstances. A party who wants a change in custody must show that conditions have changed and that a new arrangement is in the best interest of the child.

This Web site provides general information only. Laws develop over time and differ from state to state. This Web site does not provide legal advice about specific legal problems. Let The Law Firm of Evan H. Farr, P.C. advise you about your particular situation.