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In a sole custody situation, the child lives solely with one parent. The other parent may or may not have visitation rights. The non-custodial parent will typically have visitation rights every other weekend so long as they are of decent character and are not in default of an existing court order.

In shared or split custody, the parents take custody of different children. This is a less popular custody set up.

In joint custody, the parents share responsibility for decision-making and/or physical control of the child. There are actually three types of joint custody arrangements. In Joint Legal Custody, the parents share control of and care for the child, but teh child only has one primary residence. In Shared Physical Custody, the child has two residences, but spending major portions of their time with each parent. The third category is a combination of the two, which may be determined out of court by the two parents.

How is Custody Determined?
This depends on the couple. Some couples are able to amicably determine the custody situation in divorce settlement conferences. Other couples will have their custody situation determined by a court.

The first step in the court process is a temporary hearing. This occurs shortly after the initial separation papers are filed. The family court will hold a hearing and issue an order that will be in effect until the final divorce decree is entered. Unless there is some evidence that it would not be in the best interest of the child, temporary custody will typically be granted to the person who stays in the marital home.

The next step is a custody evaluation. When parents are unable to reach an agreement about custody, most courts will enter an order prior to trial. The court will have a psychologist or social worker perform the custody evaluation. This evaluation includes interviews with both parents and involved children, observation of the children, and possibly conversations with the child’s teachers. A typical evaluation will take four to six weeks to complete.

The final step is the custody trial. The primary consideration here is the best interest of the child. The court may review the child’s age, attachment to the parent who has been the primary caregiver, any history of domestic violence, and the child’s wishes.

After the entry of agreement or court order, a parent may seek to have the court modify the arrangement. To have the custody agreement changed, the parent making the motion must show that there has been a substantial change in the circumstances.

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112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
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