When parents divorce or separate in Virginia, few questions are more important—or more emotionally charged—than child custody. Fathers often hear the terms joint custody and shared custody used interchangeably, but under Virginia law, they mean very different things. Understanding those differences is essential if you want to protect your parental rights, preserve meaningful time with your children, and avoid costly mistakes.

Today we’ll explain how Virginia courts define joint and shared custody, how judges decide which arrangement is best, and what fathers should consider when advocating for custody arrangements that truly serve both their children’s best interests and their own rights.

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Custody Definitions Under Virginia Law

Virginia recognizes two types of custody: legal custody and physical custody.

Legal custody refers to the authority to make major decisions about a child’s upbringing, including education, healthcare, religion, and extracurricular activities.

Physical custody determines where the child lives and which parent is responsible for day-to-day care.

Joint custody and shared custody affect these categories differently, which is why the distinction matters.

What Is Joint Custody in Virginia?

Joint custody in Virginia usually refers to joint legal custody. Under this arrangement, both parents share decision-making authority regarding major issues in their child’s life.

Joint legal custody does not automatically mean equal parenting time. One parent may still have primary physical custody while both parents jointly make major decisions.

Virginia courts often favor joint legal custody when parents can communicate respectfully and cooperate in raising their children. However, joint legal custody requires a workable relationship between parents. High conflict, domestic violence, or a history of manipulation can make this arrangement impractical.

What Is Shared Custody in Virginia?

Shared custody refers to shared physical custody. Under Virginia law, shared custody exists when a child spends at least 90 days per year with each parent.

Shared physical custody does not have to be exactly 50/50. Common shared custody schedules include alternating weeks, 2-2-5-5 schedules, or extended weekend arrangements.

Shared custody can significantly impact child support calculations, often reducing the paying parent’s obligation when parenting time is more evenly divided.

How Courts Decide Custody Arrangements

Virginia courts decide custody based on the best interests of the child, as outlined in Virginia Code § 20-124.3. Judges consider numerous factors, including:

  • The age and physical and mental condition of the child
  • The age and condition of each parent
  • The relationship between each parent and the child
  • The role each parent has played in caregiving
  • The child’s needs and existing routine
  • The ability of each parent to cooperate and communicate
  • Any history of family abuse

Importantly, Virginia law does not favor mothers over fathers. Courts are required to consider both parents equally.

Pros and Cons of Shared vs. Joint Custody

Joint Legal Custody – Pros:

  • Ensures both parents have a voice in major decisions
  • Preserves parental authority after divorce
  • Often viewed favorably by courts

Joint Legal Custody – Cons:

  • Requires cooperation and communication
  • Can create conflict if parents disagree frequently

Shared Physical Custody – Pros:

  • Maximizes parenting time with children
  • Encourages ongoing involvement by both parents
  • Can reduce child support obligations

Shared Physical Custody – Cons:

  • Requires geographic proximity
  • Can disrupt routines if poorly structured
  • May increase conflict if parents are hostile

Custody Considerations for Fathers

For Virginia fathers, shared custody is often worth pursuing—but it must be approached strategically.

Courts examine caregiving history closely. Fathers who actively participated in school activities, medical appointments, daily routines, and emotional support are in a stronger position to request shared custody.

Judges also consider stability. Fathers who demonstrate reliable housing, consistent work schedules, and a child-focused mindset are more likely to succeed.

Equally important is restraint. Dating choices, social behavior, and conflict with the other parent can all be used to challenge a father’s request for custody.

Which Custody Arrangement Is Better?

There is no one-size-fits-all answer. For some families, joint legal custody with primary physical custody is appropriate. For others, shared custody provides children with meaningful relationships with both parents. What matters most is crafting a parenting plan that serves your child’s needs and protects your parental rights.

An experienced Virginia custody attorney can help you evaluate your options, present evidence effectively, and advocate for a custody arrangement that reflects your role as a committed father.

The Firm For Men represents fathers throughout Virginia in custody, divorce, and parenting time disputes. Call (757) 383-9184 or contact us online to schedule a confidential consultation.