In Virginia there are many different types of custody arrangements available for Juvenile Court judges to meet the needs of children. One of those types of custody arrangements is “joint custody.” Many clients say that they want joint custody. However, not all of them understand what it means to be a joint custodian or what you have to prove to the Court to be awarded joint custody. So what is joint custody, and what does the Court look for?

What is Joint Physical Custody?

The first type of custody is known as physical custody. Physical custody is primarily where the children reside. If two parents have joint physical custody, it means that they are equally sharing parenting time with the children.

The two most common schedules used in joint physical custody arrangements are week on/week off arrangements and week-day splits (3-2-2-3 or 5-2-2-5). The Court is essentially dividing all the time in half.

What is Joint Legal Custody?

Legal custody is who makes decisions about where the child goes to school, who their doctor is, and what church they go to. Joint legal custody means both parents have equal say, and one parent cannot make major life decisions without consulting with the other parent. Unfortunately, many parents who get joint legal custody do not properly consult with their ex, often resulting in major conflicts in court.

How Do You Get Joint Physical Custody?

In order to have joint physical custody, you need to convince the Court that you are able to provide for the children. For example, you must be available to drop the children off at school, pick them up, and take them to appointments. You also have to have a track record of being involved in doctor appointments or therapy sessions.

The Court will not give an absent parent joint physical custody, because they do not have the track record to make it work. Nor will they give someone with night shifts joint physical custody, because you are not available to take care of the children.

Preparing to ask for joint physical custody means reaching out to the school and the doctors and being actively involved.

How Do You Get Joint Legal Custody?

Courts routinely grant parents joint legal custody. Both parents have a say in raising their children. Courts start at joint legal custody, and only revoke that if one parent has a bad track record of making bad decisions.

You Need a Custody Lawyer.

If you are interested in joint custody or the other side is pushing for it, it is important to hire someone who knows what judges are looking for. They can help present the case and get the best result for your child.