Virginia Family Law: What is Split Custody?
When it comes to physical custody and child support, Virginia has three major types of custody: joint, sole and split custody. This post will talk about what split custody is, when it is appropriate, and how to ask for split custody.
So what is split custody, and should you ask for split custody?
What is Split Custody in Virginia?
Split custody is used in determining spousal support and can have an impact on the total number of overnights that the other parent spends with the child. Split custody is best understood in contrast with sole or joint custody. Under a sole custody schedule, the other parent will spend less than 90 overnights a year with the child. Under a joint schedule, the parents are evenly dividing the year.
In contrast, split custody is anything between joint custody and sole custody. If the other parent has less than 183 overnights a year, but more than 90 overnights a year, then that is a split custody schedule.
When is Split Custody Appropriate?
Split custody schedules are appropriate when both parents are wokring unusual schedules that require a lot of planning. The most common examples are couples where one parent may be a nurse and the other parent may work in law enforcement or public safety. In other words, shift schedules are often appropriate for split custody schedules. Neither parent is necessarily always available to provide for the child while the other parent is at work.
As a result, parents have to get creative and work around each other’s shifts to meet the child’s needs. Maybe that means that the other parent will have parenting time three weekends a month from Friday to Monday and an overnight every Tuesday. Or maybe it means one weekend a month from Saturday to Tuesday and overnights every Thursday.
There is a lot of flexibility in how a split custody schedule can be created.
Why Split Custody Schedules Are Important
There are two majors impacts of having a split custody schedule. First, it allows for flexibility based upon chaotic schedules. Second, it has a major impact on child support. If the other parent has more than 90 overnights a year, then their child support can be reduced based upon the number of overnights.
Why You Need a Custody Lawyer
A Virginia custody lawyer is important to have when deciding if a split custody schedule is right for you. It is one of many options available. However, it may or may not be the right option for you. A custody lawyer can also help you create a schedule that works best for your situation and help you create something that is enforceable, predictable, and in the best interests of your child. If you are considering a custody case, please reach out and we can schedule a consultation to see if split custody is right for you.