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Custody and Visitation

What is Custody?

Custody is the care, control, and maintenance of a child. A child's parents are both presumed to be the natural and proper custodians. However, the court may be asked to determine the custody of children in some circumstances. The best interest of the child guides the court's decision. There are several types of custody:

Joint legal custody is when both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child, even though the child's primary residence may be with only one parent.

Joint physical custody is where both parents share physical and custodial care of the child.

Sole custody gives a parent the primary responsibility for the care of the child. That parent makes all the daily decision about his/her child's life.

What is Visitation?

A parent who does not have primary physical custody of a child is legally entitled to visitation with that child. There are exceptions to this when it is not the best interest of the child.

If the parents cannot agree to a visitation schedule, the judge will order a schedule. This can include general visitation days as well as holidays, school breaks, summer, vacations, and special occasions. The parents must bring any occasion they wish to have visitation to the judge's attention.

**Information received from the Virginia Judicial System website**

child support

What Does “Support” Mean?

A father and mother have a duty to financially support their children. A husband and wife also have a duty to financially support each other. The amount of that support depends on the needs of the parties involved and the abilities of each person to pay support.

How is Child Support Calculated?

Child support is based upon the combined gross income of the father and mother. The court uses the Virginia Child Support Guidelines, which are part of the state law, to guide judgements on child support.

Once the total support obligation is calculated, that amount is multiplied by the percent of the total income attributed to the person owing support. The result determines his/her obligation.

(For example, if a father's wages are 60% of the couple's total combined income, he will likely be required to pay 60% of the calculated child support amount.)

There are number of expenses that can be added to the basic amount, including (but not limited to) health care costs, extraordinary medical or dental expenses, and child care costs. Adjustments may also be made depending on which parent is paying health care costs, etc.