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Legal Information: Virginia

Custody

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Updated: 
December 19, 2023

What is custody?

Custody is the legal responsibility for the care and control of your child (under 18, generally). Custody could be divided up between the parents (joint custody) or given only to one parent (sole custody).1 There are two types of custody: legal and physical.

Legal custody is the right to make major decisions about your child’s well-being, including matters of education, medical care and religious development. Physical custody decides who the child will live with on a day-to-day basis.

1 Va. Code § 20-124.1