When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a Virginia court will intervene and establish custody arrangements based on the best interests of the child. Divorcesource.com provides a complete summary of divorce and custody laws in the state of Virginia.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

According to Virginia law, the best interests and welfare of the child are determined by the court's consideration and evaluation of the following factors:

• The age and physical and mental condition of the child and parents
• The relationship existing between the child and each of the parents
• The needs of the child
• The role each parent has played 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 (this includes both spousal and child abuse)

In Virginia, the law does not favor either the mother or the father because of their gender. Rather, courts analyze the relationship of each parent with the child. While grandparents and others may seek custody, courts generally try to keep the children with their natural parents.

After the custody order is signed by the judge and filed with the appropriate court clerk, both parents are legally bound by it. If a parent is denied court-ordered access to a child by the custodial parent, he or she may petition the court to reconsider the issue. The judge may decide to modify the visitation order, provide makeup visitation for the time missed, or order the parents to attend counseling or mediation. For a comprehensive review of child custody laws in Virginia, go to lawyers.com.