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What makes someone the custodial parent?
A custodial parent is the parent that lives with and cares for their minor child for all (sole physical custody) or most (primary physical custody) of the time. This contrasts with the noncustodial parent, who might have the child on a limited basis or only have visitation rights.
What is a custodial parent in Virginia?
The custodial parent has primary authority to make all major decisions affecting the child, who lives primarily with this parent. Sole custody is rarely awarded in Virginia custody cases.
How is Virginia child support calculated?
Virginia bases its child support guidelines on the total income of the two parents. If the combined family income is $35,000 or greater per month, it falls outside the table and support is based on a percentage of income from 2.6% for one child to 5% for six children.
How does custody work with unmarried parents in Virginia?
Once paternity is established, Virginia has no presumption of child custody in favor of either the mother or father if the parents are unmarried. Physical custody refers to where the child resides. Either parent can petition for physical and legal custody over a child when they are unmarried.
How does child custody work in Virginia?
Virginia custody law requires that the court provide the child with frequent and continuing contact with both parents. (Va. Code Ann. § 20-124.2 (B)) If the court awards one parent primary (sole) physical custody, the judge will create a parenting time (visitation) schedule for the child and the non-custodial parent.
What does sole physical custody mean in Virginia?
Sole physical custody means that one person retains responsibility for the care of the child. (Va. Code Ann. § 124.1.) It’s rare for the court to award one parent sole legal custody. In most cases, it’s more appropriate for the parents to share decision-making authority than it is for one parent to have exclusive control over the child.
How does a court decide custody of a child?
In determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody.
Can a judge give a parent sole custody of a child?
In other words, even if the court awards one parent sole physical custody, the judge may award joint legal custody, meaning both parents must are involved in making decisions for the child. When parents share legal custody, neither can make decisions for the child without consulting the other first.