Virginia Family Law: What is Joint Custody?

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.

VIRGINIA: Controversy over Guardian ad Litems

The Study

People are not happy with Guardian ad Litems ("GALs").  There have been several studies conducted in the last few years of various social service professionals regarding their attitudes to GALs.

The most recent survey that created controversy was a poll of three hundred (300) Court Appointed Special Advocates (“CASAs”). CASAs are non-lawyers who volunteer their time to talk with children during court proceedings. CASA volunteers are important, because they provide emotional support for children. 

The survey results were not good:

1. Ninety (90) percent feel that GALs are not performing their job.

2. Thirty-Six (36) percent stated that Guardian ad Litems "seldom" visit the children.

3. Only Nine percent (9%) stated that Guardian ad Litems are investigating their cases.

The Aftermath

The survey results caused an uproar with the press. After the survey results were released, several newspapers contacted local courts to get more information on GALs. One such court released the billing information for several GALs in and around Stafford County, Virginia. Many of the GALs were receiving approximately One Thousand and 00/100 Dollars ($1,000.00) per case. 

So what is the result of all this bad press?

GALs and family lawyers are currently debating what these results mean for the legal community. Some legislators are already talking about abolishing the role of GALs entirely. Legislators are being faced with a large bill and anger over the perceived lack of accountability for GALs. It is likely that there will be huge changes to the GAL system going forward.

Suggestions for Change

Whether we agree with the results of the study or not, we GALs have failed. At the very least, we have failed to work collaboratively with other social service professionals. The lack of communication between GALs and CASA has resulted in animosity and a lack of mutual understanding of what our job is.

The problem facing GALs is reminiscent of the public perception of lawyers during changes to the disciplinary rules in the 1990s. People don't know what we do, or why we bill so much time. 

The first step forward is to begin working more closely with our volunteer counterparts. We need to educate our colleagues on our role, and work to clear any misunderstanding. Furthermore, we need to make absolutely sure we abide by the standards that govern GALs.

Finally, we need to advocate for more stringent standards for GALs. The standards right now are simply baseline requirements. As with the changes that came by switching away from the disciplinary rules, we need to modify the standards that govern GALs. Only when we have a more comprehensive set of guidelines will we be able to perform to the best of our abilities.