Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Virginia, child custody laws are designed to ensure the best interests of the child are the primary concern in custody and visitation arrangements. The state recognizes several types of custody: legal custody, which pertains to the right to make important decisions about the child's welfare; physical custody, relating to where the child lives; and joint or shared custody, where both parents retain rights and responsibilities. Virginia courts may grant sole custody to one parent if the other is deemed unfit or if it serves the child's best interests. Unfit parents may be those who pose a risk to the child's health and safety. Visitation rights can be awarded to the non-custodial parent, and in cases where the child's safety is a concern, supervised visitation may be ordered. The Virginia Code contains specific statutes that address child custody and visitation, and these laws are typically found under titles dealing with domestic relations. It's important to note that child custody is different from guardianship or adoption, which involve different legal processes and standards.