Virginia has straightforward statutes for determining child custody in a divorce. But what about when a couple is separating?
When a couple chooses to live separately, their prior childcare routines might no longer work. Whether you are separating for one year in preparation for divorce or just taking some time apart, learn how to approach child custody during separation in Virginia from a legal perspective.
Understand That the Court Does Not Have To Be Involved
Many separating and divorcing couples assume that they will have to go to family court and submit to a judge’s determination of how they will share custody of their child when they are no longer cohabitating. But you and your spouse generally have the option to determine a custody arrangement without the involvement of the court, if preferred.
Attempting to settle on a custody agreement that you both are in favor of can save you the time and stress involved in going to court. However, one misstep to avoid is not creating a written parenting plan.
If you and your ex-spouse are cordial, you might assume that you can figure out custody as you go. But not having a plan in place can easily lead to disappointment and custody disputes down the line.
Creating a Parenting Plan for Separation
A parenting plan is a comprehensive agreement between you and the child’s other parent that details your custody and visitation arrangement. Creating this plan can help clarify child custody during separation in Virginia.
Virginia custody laws recognize two types of child custody that should be addressed in your parenting plan:
- Legal custody refers to a parent’s decision-making rights over the child. This includes the right to decide factors like healthcare, education, and religious upbringing. Legal custody can be granted to one parent, or both parents can share it.
- Physical custody refers to where the child lives. This can also be granted to one or both parents, based on the best interests of the child
Your parenting plan should thoroughly discuss how you and the child’s other parent will divide each of these types of custody. This plan should answer questions like:
- Where will the child live, and when?
- What schedule will you follow for weekdays, weekends, and holidays?
- When and how will you drop off the child with the other parent?
- Will the child have two sets of belongings, or will their belongings be moved between homes?
- How will costs be shared?
- How will you address unforeseen changes in the plan?
The more detailed your plan is, the less confusion there will be surrounding your child’s care.
Factors a Judge Considers When Determining Custody
If you and your child’s other parent cannot agree on a parenting plan, a judge can intervene and assign physical and legal custody. They would make this determination based on the best interests of the child, considering factors such as:
- Each parent’s physical and mental fitness as a parent
- Each parent’s role before the separation
- Which parent the child wants to live with
- The child’s current relationship with each parent
- Each parent’s ability to provide a stable environment
- Each parent’s work schedule, availability, and proximity to the other parent
- The importance of consistency and keeping the child’s life largely the same during a time of significant change
Seek Assistance Navigating Child Custody During Separation in Virginia
An attorney can help you approach issues of child custody during separation in Virginia thoughtfully and strategically. At Holcomb Law, P.C., we represent clients through a range of child custody matters. Contact us today at 757-LAWYERS to request a consultation with our family law attorneys.
