8.4 Types of Custody

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

8.4 TYPES OF CUSTODY

8.401 In General. There are many different types of custodial arrangements concerning children. Clients may refer to "sole custody," "joint custody," "shared custody," "split custody," "divided custody," or some other type of arrangement. Chapter 6.1 of title 20 of the Virginia Code, entitled "Custody and Visitation Arrangements for Minor Children," defines only "sole custody" and "joint custody" and authorizes the court to award either of the two. ³¹ Section 20-124.2(B) states the court must "consider and may award joint legal, joint physical, or sole custody and there shall be no presumption in favor of any form of custody." Because of the variety of terms used to describe child custody arrangements, it is very important that counsel (i) make an effort to understand what the client means when the client refers to a particular type of child custody and (ii) define the type of custodial arrangement in any order or decree drafted by counsel.

8.402 Sole Custody. "Sole custody" means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child. ³²

8.403 Joint Custody. "Joint custody" refers to several different types of child custody arrangements. It is defined in section 20-124.1 of the Virginia Code to mean (i) joint legal custody where 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

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be with only one parent; ³³ (ii) joint physical...