While it may be an emotional journey, ending the role of husband or wife can be done through a Virginia divorce. However, even though the marital role has ended, if children are involved, there is still a parental role that must be continued. What this child custody role will look like and the form it will take are often cause for contention.
In many instances, parents share joint legal custody. This means that both parents are responsible for making major decisions concerning the children. These decisions often include medical care, religion, education and more. It is also possible that the parents will share joint physical custody. This could mean that the children will live with each parent approximately the same amount of time each year.
When someone asks who has custody of the children, they are generally thinking in terms of which parent the children live with. It is common for one parent to have sole physical custody with the other parent retaining visitation rights. In this situation, the children primarily live with one parent and spend time with the other parent several weekends per month, alternating holidays and several weeks during the summer.
The type of child custody granted to the Virginia parents is based upon what is considered to be in the best interest of the children. There are a number of factors that are taken into consideration including the preference of the children (depending on the age of the child), the stability of their environment, health of the parents, any evidence of substance or physical abuse, etc. Experienced legal counsel can assist an individual in determining which form of child custody is appropriate in his or her circumstance.