Blog Post
Experienced Custody & Visitation Attorneys in Fairfax County
2/8/2026
Types of Custody in Virginia
Virginia law recognizes several custody arrangements designed to protect the child’s best interests while balancing parental responsibilities. Custody falls into two main categories: legal custody and physical custody.
Legal Custody
Legal custody refers to the authority to make major decisions about a child’s upbringing, including education, healthcare, and religious matters. Courts may award joint legal custody to both parents or sole legal custody to one parent.
Physical Custody
Physical custody determines where the child primarily lives. One parent may have primary physical custody, while the other has scheduled visitation. In some cases, parents share physical custody more evenly.
Joint or Sole Legal & Physical Custody
Courts may award any combination of joint or sole legal and physical custody depending on the family’s circumstances. Judges consider factors such as the child’s age, each parent’s involvement, health, living environment, and ability to communicate effectively.
Sole custody is typically reserved for situations involving safety concerns or parental unavailability. Joint custody is more common when both parents are actively involved and able to cooperate.
Custody arrangements can be modified if circumstances change. A Fairfax custody and visitation attorney can help you choose the right structure and adjust it as needed.
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