Family Law – Type of Child Custody

When parents divorce, they must decide on the child’s residence. They must also make decisions on the child’s upbringing. Montagna Klein Camden, L.L.P., Virginia Beach is an excellent resource for this. Parental rights and responsibility for their children are outlined in child custody legislation.


The term “physical custody” refers to who the child will live with. Physical custody may be agreed upon by the parents, or a parenting plan may be ordered by the court. In most cases, a child will live with only one parent. Physical custody would be granted to the parent. The non-custodial parent would be the other parent. The parents are considered to have shared physical custody if the child lives equally with both parents.

Legal custody refers to the process of making decisions about the child’s upbringing. In most situations, the child will have shared legal custody with both parents. In other circumstances, however, the court grants sole custody to one of the parents.

Physical custody is not the same as legal custody. A parent with legal custody, for example, has the authority to make decisions about the child’s medical care, dental treatment, education, and religion. The child, on the other hand, may or may not reside with that parent. Before requesting legal custody, it is critical for the parent to grasp the differences.

Legal fights over child custody can take a long time and cost a lot of money. Both parents will be required to pay exorbitant legal fees to family courts and attorneys. If at all possible, parents should agree on physical and legal custody of their children outside of the family court system.

Contact Info

Montagna Klein Camden, L.L.P.
1 Columbus StSuite 600 Office 055, Virginia Beach, VA 23462
Phone no: (757) 622-6851