In Virginia custody cases, there are two types of custody: physical custody and legal custody. There are three different subcategories: sole, split and joint custody. Many people come to my office asking for “full custody” or “sole custody.” It is important to understand what that word means and the situations in which the Court will consider giving sole or full custody.

So what is sole custody, and how does it work?

What is Sole or Full Custody?

Sole legal custody means one parent makes all the legal decisions for the child. Where they go to school, what doctor they go to, what surgeries they have, and what church they go to. Being a sole legal custodian means you do not have to consult with the other parent to make these decisions. The Court rarely grants sole legal custody.

Sole physical custody means that one parent is the one that has most of the parenting time with the child. The other parent has less than ninety (90) overnights with the child.

When Will the Court Award Sole or Full Custody?

The Court will consider sole legal custody when one parent has a history of not being able to making rational decisions for the child. Maybe they have a substantial history of mental health issues or substance abuse issues. If they are unable to be involved in making decisions the Court will not let them. Alternatively, if the parent has historically not been involved at all and has showed no inclination to be involved, the Court may also restrict that parent’s legal custody.

The Court will consider sole physical custodoy when the other parent is unable to provide for the needs for the child. For example, if they work night shift and cannot get the child on the bus. Or maybe they live several hundred miles away and cannot be involved in the day to day needs of the child. Those are the situations in which a Court will consider sole physical custody.

Why You Need a Custody Lawyer.

A custody lawyer will be familiar with the types of cases that your local judges will consider appropriate for sole or full custody. Not at all cases are eligible for sole or full custody, so it is important to talk to an experienced, local attorney to explore what might help in your case.