Child Law
There are two types of custody in Virginia; legal custody and physical custody. Legal custody may be broadly defined as the right to have input into the major decisions regarding the children. Physical custody establishes who the children will reside with. Both types of custody may be granted to both parents (joint custody), or one parent (sole custody). There are numerous factors the court is required to consider to determine what is in the "best interests" of the children. However, the gender of the parent is not one of the factors courts will consider; both parents stand before the court equally.
Child support is statutorily determined in Virginia. There is a guideline in the Code of Virginia that determines the "presumptive" amount that parents should contribute to the children's support. Some factors that are used to determine the presumptive amount are the gross incomes of the parents, the number of children, the amount spent on healthcare and childcare and any other expenses for special needs of the children. A parent that is legally responsible to provide support for other children (outside of the marriage for example) and non-custodial parents that have the children more than 90 days each year (24-hour periods) will have their support reduced accordingly.
Equitable distribution of the marital estate (property) and spousal support (alimony) are discretionary in Virginia. That means the court has broad discretion to determine if one party should receive spousal support, how much and for how long, as well as what should be done with the marital property. Marital property is any property (real or personal) that is accumulated over the course of the marriage regardless of whose name the property is titled in.
Please note that the information provided on this page is general in nature, is subject to change without notice, and does not constitute legal advice. For more information, please call (540) 440-5136 or (703) 657-8104 to schedule a free initial consultation.
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