Child Custody and Visitation

Child Custody and Visitation in Virginia

Often and understandably, the most important and emotional issue to be resolved between separated or divorced parties is custody and visitation. There are two types of custody: legal custody and physical custody,

Legal Custody

Legal custody is decision-making power. Often times the parties share legal custody, which means that the parties consult with each other and work together on making major decisions related to the children. This is called “joint legal custody”. If one party makes the legal decisions regarding the child, this is called “sole legal custody.”

Physical Custody

Physical custody refers to the actual custodial/visitation schedule. The options for a custody and visitation schedule are endless. Going through mediation or the collaborative law process can often assist the parties in formulating a schedule that meets the needs and interests of the parties and the children. If the parties are unable to agree as to a custodial/visitation schedule, the issue may be litigated, and the court will hear the testimony and argument of the parties and make a decision based on the factors enumerated in Virginia Code Section 20-124.3. Once a custody or visitation order is entered, it may be modified upon a material change in circumstances.

Contact the Law Office of Sara Leiner Schuler, PLC
To speak with a Northern Virginia divorce attorney about divorce, custody, child support, spousal support, equitable distribution of property, mediation, collaborative law, premarital agreements or enforcement, please contact us online or call 703-272-3134.

More Practice Areas

Separation and Divorce

Child Custody and Visitation

Child Support

Enforcement

Spousal Support

Equitable Distribution

Premarital Agreements

Collaborative Law

Mediation