“Sole” vs. “Joint” Legal and Physical Custody
A court may order that one parent have sole legal custody of a child, meaning that the parent retains responsibility for the care and control of the child and has primary authority to make decisions concerning the child. The other parent may or may not have rights of visitation depending on the situation.

As an alternative, a court may direct that the parents have joint custody.

“Joint legal custody” means that both parents have responsibility for the care of the child and joint authority to make decisions concerning the child, even though the child's primary residence may be with only one parent.

“Joint physical custody” means that both parents share physical and custodial care of the child. A court can award any combination of joint legal and joint physical custody as it deems to be in the best interests of the child.

Determining the Best Interests of a Child
In determining the best interests of a child for purposes of custody or visitation arrangements, Virginia Courts must consider the following:

• The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs
• The age and physical and mental condition of each parent
• The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, and the ability to accurately assess and meet the emotional, intellectual and physical needs of the child
• The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members
• The role which each parent has played and will play in the future in the upbringing and care of the child
• The propensity of each parent to actively support the child's contact and relationship with the other parent—including whether a parent has unreasonably denied the other parent access to or visitation with the child
• The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child
• The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference
• Any history of family abuse
• Other factors as the court deems necessary and proper to the determination of the best interests of a child