Going through a divorce in any situation is extremely emotional, but it can be even more difficult when children are involved. In a Virginia divorce, there are many decisions that must be made regarding child support, child custody, and visitation. It is important to look out for your child's welfare during this stressful time. You may be unaware that there are two types of child custody in Virginia divorce cases: physical and legal. Physical custody deals with where the children will live, while legal custody deals with who will make decisions regarding the child's upbringing. You should consider the best interest of your children when making decisions regarding physical and legal child custody.
Because Virginia divorce law is so complex, you should also consider hiring legal representation. It would be in your best interest to consult with an experienced Virginia divorce attorney who understands the specifics of your case, as well as Virginia child custody laws if children are involved. Physical Custody
Virginia physical custody determines where the children will live. Physical custody may be granted to one parent (primary custody/sole custody) or shared between both parents (joint custody). The parent with whom the children live is referred to as the "custodial" parent, while the other parent is referred to as the "noncustodial" parent.
In the case of sole custody, the custodial parent may be awarded child support from the noncustodial parent. This amount is determined by the court and takes into account parents' income, childcare costs, and healthcare expenses. If the children visit with the noncustodial parent frequently, this is taken considered when determining the amount of child support. If parents have joint custody, the children spend their time between two residences. This works best if the parents live near each other, as it allows the children to attend the same school and maintain a normal routine.
It is important to work closely with a Virginia divorce attorney when negotiating the terms of physical child custody to ensure you, your children, and your former spouse come up with a solution that benefits everyone involved. Continue to Next Page >>
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