In many states, this is the default option, or at least preferred to exclusive legal custody. In these States, sole custody is granted when joint custody is not in the best interests of the child. Joint custody is usually a good idea in cases where the couple can work together and put their child`s interests first. Unfortunately, not all couples are able to set aside their differences to make joint decisions about their child`s well-being. In these cases, the court may grant custody to one of the parents. This is called “sole legal custody.” The 2019 coronavirus disease (COVID-19) pandemic poses particular challenges related to child care and visitation in Virginia. Our attorneys help clients across Northern Virginia resolve these issues. For more information, see How is COVID-19 affecting your custody and visitation order in Virginia? If the court finds that there has been a material change in the circumstances, it will then proceed to consider the best interests of the children by applying the factors listed in Virginia Code § 20-124.3. These are the same factors that were considered at the first custody hearing and include the age of the children; the health, needs and relationship each child has with each parent; and, for each sufficiently old child, the child`s preference for custody. Typically, one parent is designated as the primary physical custodian and the other parent receives secondary custody.

In deciding what is best for a child, the court will consider the following: Do you consider whether you can have joint custody if your child`s mother has primary custody? If so, the answer to your question can be summed up in two words: it depends. Custody of the children can be determined in the context of a court dispute, an amicable divorce agreement or a legal agreement or dispute between two parents who have never been married. There are two different types of custody granted to parents in a custody case: physical and legal. The change in circumstances can be positive or negative. A positive change could be the remarriage of a parent or a new job with a higher salary or a more flexible work schedule. A negative change could be a child developing behavioral problems, a parent struggling with drug addiction, or a criminal conviction of a parent. As noted above, a parent`s denial of court-ordered access may also constitute a material change in circumstances that allows for a change of custody. It`s easy to determine joint legal custody in your plan. In the app, click the Parenting Plan tab. More than two dozen categories of parental regulations are posted. In practice, parents may be able to decide custody issues among themselves in negotiations and record them in a matrimonial settlement agreement to be submitted to the court.

If the parents fail to reach an agreement, the judge will rule on the basis of Pennsylvania`s custody law. The law states that judges must give custody according to what is in the “best interests of the child”. With sole custody, one of the parents plays a leading role in the physical, emotional and moral development of the child. The custodial parent has the primary authority to make all important decisions that affect the child who lives primarily with that parent. Pennsylvania law requires that all custody decisions be made in the best interests of the child. There are many ways for parents to share custody. Your court may let you decide the details, or it may use one of the following agreements (or a variant) as a default. You will need to specify in your parenting plan which child care option your family will use. This determines who makes decisions regarding your children`s education, medical care, religion, etc.

Get advice from the lawyers at Rocket Lawyer On Call®. We make it affordable and easy. If the parents end up in court and the judge has to determine which custody arrangements are in the best interests of the child, the judge may ask the parties to submit parenting plans detailing the details of their respective proposed agreements. Parental plans include conditions relating to the child`s length of residence and upbringing, education, religion, health care, child care, transportation, resolution of parental disputes, and anything required by the court or in the best interests of the child. Custody status when a child`s parents separate is unclear until a court makes a custody order for the child. A “pendente lite” (temporary) custody and visitation order can be used to resolve custody and access issues until the parties can fully negotiate or settle their case. For more information, see Temporary Custody and Visitation Orders in Virginia. “Custody” has a different function than physical custody.

If someone has custody of their child, they are responsible for making decisions about important life events that the child may encounter. This can range from the schools the child attends, the medical care they receive, the visit to the dentist and the religion in which they grew up. A parent who refuses to visit another parent who has been ordered by a court risks being found in contempt of court, thereby subjecting himself to imprisonment or a fine. Denial of access from a custodial parent may also result in the transfer of custody by the court to the other parent. If the parents do not reach an agreement, one of them can apply to the district court to decide on custody and access in the context of a divorce application. Alternatively, any parent can file applications for custody and access before the J&DR court. For an overview of the custody and visitation process, read the Custody Fact Sheet (Form FL-314-INFO). This factsheet is also available in Spanish, Chinese, Korean and Vietnamese. If you know that you and the other parent would not be able to share responsibility for your child, joint custody is not for you. Joint custody essentially refers to situations where the child divides his or her time between the two parents. Examples: (1) a child who lives alternately each week with both parents (“one week off, one week off”) and (2) a child who lives with a parent during the school year and with a parent in the summer.

Joint custody is ordered much less frequently than joint custody, and in very special circumstances. It is much more common for a court to order primary physical custody of one parent or another, with joint custody between the parties. Ultimately, in circumstances of joint legal custody, a parent is granted final decision-making power for periods when the parents are unable to make an amicable decision. As a rule, the final decision rests with the parent who has primary custody. (Note: Physical custody is also shared in most cases.) Deciding who gets physical custody and who gets custody are separate decisions. Of course, if one of the parents has a history of child abuse, the court may be inclined to give sole custody and sole custody to the other parent. Joint custody has to do with decision-making. The child may live primarily with one parent – the “primary physical guardian” – but parents may communicate and cooperate to make important decisions in the child`s life together. Section 20-124.2(B) of the Virginia Code states that “the court shall ensure that minor children, where appropriate, have frequent and sustained contact with both parents and encourage parents to share responsibility for the upbringing of their children.” In many cases, this means that the court orders a joint custody agreement.

Courts determine primary custody based on several factors that vary from state to state, but most jurisdictions place great importance on who was the primary caregiver of the child or children during the marriage. Option 2: Each parent makes decisions for the child if the parent has custody of the child. For example, if a teenage girl requests birth control while she is with a parent, that parent may decide whether or not to take her to a doctor. It is also important to understand that the fact that the non-custodial parent to pay court-ordered child benefits does not legally justify the refusal of the custodial parent to visit him or her. It is also the opposite: the refusal of visits does not justify the non-payment of family allowances. Sometimes a judge grants joint custody to the parents, but not joint custody. This means that both parents share responsibility for important decisions in children`s lives, but children live with 1 parent most of the time. The non-custodial parent usually has visits to the children. Controversial cases of custody or visitation where parents cannot get along are complicated. Talk to a lawyer to understand how the law affects you and your rights. Click here for help finding a lawyer.

Custody decisions are of great importance to a parent facing divorce. In Pennsylvania, this area of law revolves around the best interests of the child. .