What’s the Difference Between Visitation and Custody?
Family law becomes more complex when a child is involved. The terms “custody” and “visitation” are often used interchangeably, but they have distinct legal meanings. Parents going through a separation or divorce must understand these differences to protect their parental rights.
Custody refers to a parent’s legal rights and responsibilities for their child, including decision-making and physical care. Visitation (also called parenting time) refers to the time a noncustodial parent spends with their child under a court-ordered schedule.
What Are Legal and Physical Custody in Virginia?
In Virginia, custody is divided into legal custody and physical custody. Parents may share custody, or one parent may be awarded sole custody, depending on the child’s best interests.
Legal Custody
Legal custody refers to the authority to make major life decisions for the child, such as those related to education, healthcare, and religious upbringing. Virginia courts typically favor joint legal custody, meaning both parents share decision-making authority. However, in some cases, the court may award sole legal custody to one parent if shared decision-making is not in the child’s best interest.
Physical Custody
Physical custody determines where the child lives. In Virginia, this can be:
- Primary Physical Custody – The child lives with one parent for more than 90 days per year, while the other parent has visitation.
- Shared Physical Custody – The child spends at least 90 days per year with each parent. The schedule can vary depending on the child’s needs and the parents’ circumstances.
A custody agreement typically outlines how parenting time is divided, including regular schedules, holidays, and vacations.
What Is Parenting Time vs. Custody?
Parenting time refers to visitation and is commonly used when one parent does not have primary physical custody. In Virginia, the noncustodial parent is usually granted reasonable visitation, which can be:
- Unsupervised Visitation: The noncustodial parent spends time with the child according to the court-approved schedule.
- Supervised Visitation: A judge may order supervised visits if there are concerns about the child’s safety. These visits may take place at a supervised visitation center or with an approved third party.
- No Visitation: In extreme cases, such as when a parent poses a danger to the child, the court may deny visitation.
Both parents are legally required to follow the court-ordered visitation schedule. If a parent wishes to modify the arrangement, they must request a modification through the court.
Consult an Experienced Family Law Attorney
Navigating custody and visitation matters can be challenging. At the Marquis Law Group, we are dedicated to helping parents understand their rights and reach custody agreements that serve the child’s best interests.
If you need legal guidance regarding custody or visitation, call us today at 703-777-6161 to schedule a consultation.
