Shared vs. Sole Custody in Virginia: What’s the Difference?

Written by: Kate Beurmann-O’Neill

Custody is one of the most emotional and complex parts of any separation or divorce. In Virginia, the courts focus on one goal — protecting the best interests of the child. To do that, judges can award either that one parent has sole custody, or that the parents have shared or joint custody, depending on what’s most appropriate for the child’s well-being.

What Is Shared Custody?

Shared custody, also known as joint custody, means both parents share major responsibilities for their child’s upbringing. This can include making decisions about schooling, healthcare, religion, and daily routines.

There are two types of shared custody:

• Joint Legal Custody: Both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child
• Joint Physical Custody: Both parents share physical and custodial care of the child.  In these cases, the child spends significant time living with both parents, though not always equally.

Shared custody works best when both parents can communicate effectively and prioritize cooperation over conflict.

What Is Sole Custody?

Sole custody means that one parent retains responsibility for the care and control of a child. That parent makes the decisions about the child’s welfare, and typically, the child lives primarily with them.

The noncustodial parent may still have visitation rights or parenting time, but the custodial parent is the main decision-maker. Courts may grant sole custody when shared custody would not serve the child’s best interests — for example, in cases involving abuse, neglect, or ongoing parental conflict.

Which Type Is Right for Your Family?

Every family’s situation is different. Some parents successfully co-parent under shared-custody agreements, while others need the stability of sole-custody arrangements.

An experienced family law attorney can help you understand your rights, prepare for court proceedings, and develop a parenting plan that protects your child’s well-being.

If you’re considering getting a divorce, contact our Family Law team at Vanderpool, Frostick & Nishanian, P.C. We’ll guide you through the process and help you move forward with confidence.

If you have any questions, please call Kate Beurmann-O’Neill at 703-369-4738 or info@vfnlaw.com.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer